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Defendant was tried before a jury and found guilty of driving under the influence of alcohol (\"DUI\") in violation of OCGA 40-6-391(a)(1) (less safe driver) and no proof of insurance. The evidence at trial revealed that on the night in question, defendant quarreled with his girl friend, Pam Mullins. Defendant had come home \"intoxicated enough for [the couple] to have an argument.\" When Mullins tried to call 911, defendant \"jerked the phone out of [her] hands, threw it on the floor and broke it.\" From a pay phone, Mullins telephoned the police and told them she and defendant \"are fighting and he's drunk, and he's driving a red Mazda truck and he was going to his mother's in Rockmart.... Going down Bankhead Highway, [Officer John H. Tumey of the Cobb County Police Department] picked up on a red Mazda pickup truck that was headed ... toward the direction of Rockmart.... [Officer Tumey observed] an older male driving [and] a younger male in the passenger's seat.\" Officer Tumey initiated a traffic stop and \"asked the driver for his license and insurance card.\" Defendant \"kept fumbling around for about a minute trying to give [the officer] his license.... He [defendant] was going through his wallet, then going through his dash, then flipping through the truck seat, then back to his wallet.... [Defendant finally located his documents] in his wallet.\" Officer Tumey \"could smell an odor of an alcoholic beverage about [defendant].... [Defendant] eventually gave [Officer Tumey] his license [but] never could produce an insurance card.... When [defendant] stepped out of his truck, he kind of staggered and swayed and he grabbed the side of his truck to hold himself up.... [Defendant] continued to walk down the bed side of the truck using the truck to hold his balance to hold him up.\" An alco-sensor tested positive for alcohol. \"After [Officer Tumey] administer[ed] that test, [defendant] made a comment... that he did have a few beers....\" Defendant was unable to touch the tip of his nose with his right and left index fingers. Defendant informed Officer Tumey \"that he did not know his ABCs to do the ABC test[, so they] went ahead and passed that test on by.... [When] asked ... for the date and the time[, defendant got the day of the week correct but] was off about 52 minutes ...\" as to the lateness of the hour. Defendant's \"eyes were bloodshot and watery.... [H]is breath was strong of an alcoholic beverage, and his speech was slurred.\" 153554b96e
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