Collins v. State

Eldridge, Judge.

A Fulton County jury found Michael Collins guilty of driving under the influence of alcohol (“DUI”) — less safe driver. In his sole enumeration of error, he contends that he received ineffective assistance of counsel at trial because his trial attorney failed to object to testimony from one of the arresting officers that Collins “failed” the field sobriety tests given on the scene.

Trial counsel handled Collins’ motion for new trial in the court below, so a claim of ineffective assistance of counsel was not raised therein and no evidence has been adduced on this issue. Further,…