Forsyth State Court convicted the defendant of DUI per se, DUI less safe, and failure to maintain lane. During the trial, the defendant felt that the court commented on an expert witness’s credibility, limited the testimony presented by his expert witness, and unfairly refused to grant a mistrial.
Georgia’s Court of Appeals reviewed the defendant’s issues and explained that the trial court’s comments regarding his expert witness were in the context of deciding on an objection made to the witness and in determining the witness’s expertise. According to the Court, the expert witness testified about matters outside of the realm of his expertise, and that resulted in his testimony being limited. When the jury was deadlocked, the trial court opted to give an Allen charge, which the Court determined did not warrant a mistrial.
The Appeals Court supported the trial court in convicting the defendant.