Proulx v. State

Pope, Judge.

The issue presented in this appeal is whether the State may use as a similar transaction, evidence of an independent crime committed by the accused that resulted in a plea of nolo contendere, provided that no evidence of the actual nolo plea is introduced. Proulx is charged in this case with DUI. He was arrested at 2:30 a.m. on December 2, 1988, after a Cobb County police officer observed him driving erratically at the intersection of Hargrove Road and Cumberland Parkway. An intoximeter test on Proulx registered .10 grams percent alcohol. The similar transaction was another DUI…