Hadden v. State

Banke, Chief Judge.

Hadden was convicted of driving a motor vehicle with .12 percent or more by weight of alcohol in his blood. He was also charged with driving while under the influence of alcohol, but the jury deadlocked and a mistrial was declared with respect to that count.

Appellant was observed driving at a high rate of speed by a Georgia state patrolman. Upon stopping the vehicle, the officer observed that appellant’s movements were unsteady and detected an odor of alcohol on his breath. Consequently, he asked appellant to submit to a field sobriety test. When appellant was unable to…