Whiteley v. State

Beasley, Judge.

Whiteley was convicted of improper lane usage (OCGA § 40-6-40) and driving under the influence of alcohol (OCGA § 40-6-391 (A) (1) & (4)). The subsection (4) conviction was merged with the subsection (1) conviction for sentencing.

1. The primary question on appeal is whether the trial judge abused his discretion in denying a mistrial and instead instructing the jury to disregard the arresting officer’s statement, which was not specifically solicited but was made in the course of explaining the preliminary tests for sobriety he conducted when he stopped defendant.

After eliciting…