Category: Crime movies
670 S.E.2d 574 (2008)
RELLIS
v.
The STATE.
No. A08A0399.
Court of Appeals of Georgia.
October 23, 2008.
Brian J. Friel, McDonough, for appellant.
*575 Joseph J. Drolet, Solicitor-General, Ronald S. Smith, Assistant Solicitor-General, for appellee.
MILLER, Judge.
Following a jury trial, Arron Rellis was convicted of driving under the influence of alcohol to the extent that it was less safe to drive, speeding, and failure to maintain lane. In his sole enumeration of error on appeal, Rellis contends that the trial court erred in failing to strike the testimony of a blood alcohol content ("BAC") test expert who expressed a scientific opinion that Rellis's BAC level was.12 or higher. Because Rellis did not object to this testimony on the ground that it was the improper expression of a scientific opinion under Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993), we review this claim for plain error. For the following reasons, we reverse Rellis's conviction.
On appeal from a criminal conviction, we view the evidence in the light most favorable to support the jury's verdict, and the defendant no longer enjoys the presumption of innocence. Edwards v. State, 277 Ga. 803, 603 S.E.2d 84 (2004). We neither weigh that evidence nor judge the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the defendant guilty beyond a reasonable doubt. Id. So viewed, the evidence shows that on September 24, 2003, Rellis was driving a Ford Explorer on Highway 19 in Monroe County when he failed to maintain his lane, crossed the center line, and collided with a Jeep driven by a seventy-seven-year-old motorist. As a result of the collision, the motorist was rendered unconscious, had a seizure, and suffered various other injuries, including broken ribs. After the collision, Rellis was unable to answer simple questions and was diagnosed as having acute alcohol intoxication.
There was no dispute that Rellis had consumed alcohol that evening, nor was there any dispute that his BAC was.12 or be359ba680
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