The Georgia Court of Appeals upheld a Forsyth County DUI conviction after the defendant claimed that the trial court abused its discretion during proceedings.

The defendant was convicted of DUI per se, DUI less safe, and failure to maintain lane. During trial, he alleged that the judge commented on his expert witness’s credibility, limited his testimony, and wrongly denied a mistrial.

On review, the Appeals Court ruled that the trial court’s comments were made within the context of evaluating the expert’s qualifications. It also agreed that limiting the testimony was proper because the expert ventured outside his certified area of expertise.