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Mckee v. State

Evidence that defendant was traveling 10 mph and straddling both northbound lanes of an interstate supported her convictions for DUI and failure to maintain lane.

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Defendant Kathleen Mckee was convicted by a jury of driving under the influence and failure to maintain lane. She appeals following the denial of her motion for new trial.

1. Mckee challenges the sufficiency of the evidence to support her convictions. Construed to support the verdict, the evidence shows Mckee was stopped during the early morning hours on February 6, 1999 by Sergeant Jamey Brown of the Georgia State Patrol. Brown testified that he was traveling on I-985 when he noticed the vehicle Mckee was driving because sparks were being thrown from it into the air. He also observed that Mckee was straddling both of the northbound lanes and driving very slowly, about ten miles per hour. Brown testified that he activated his blue lights, but that Mckee’s reaction was slow, and that initially she did not pull off the road but simply moved into the right lane. After she did move to the side of the road, Brown approached the car and asked her if she knew why she had been pulled over. She responded that she did not, and told Brown she had no idea she had a flat tire. Brown testified that he when he got her to exit her vehicle to show her that she had been driving on the rim of her tire, that she was unsteady on her feet to the point that she almost fell to the ground numerous times, that her speech was slurred to the point that she was barely understandable at times, and that her eyelids were “almost closed.”

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