Samples v. State

Judge Harold R. Banke.

Agbert Larry Samples, Jr. was convicted of driving while intoxicated (less safe to drive) (“DUI”). On appeal, he enumerates two errors.

This case arose after a deputy working the graveyard shift observed Samples drive through a stop sign without completely stopping and then turn so quickly that his wheels squealed and the rear of his car fishtailed. The officer observed Samples repeat this driving pattern further up the road. After the officer stopped the car, he noticed that Samples was unstable in his footing, his eyes were red and bloodshot, and he smelled like he had…