Cantwell v. State

I must respectfully dissent from Division 1 and the judgment of the majority. The majority concludes that the trial court correctly restricted the defendant’s right to present evidence which related directly to the weight and credibility of the State’s evidence regarding the field sobriety tests administered by the arresting officer. I must dissent, because beyond the officer’s testimony regarding the defendant’s performance on the field sobriety tests, sufficient evidence of guilt was not presented.

In State v. Pastorini, 222 Ga. App. 316, 318 (2) (474 SE2d 122) (1996) and Cann-Hanson v.…