Q: under age dui (40-6-391k) in GA but from OH, Wonder if priors for OH will show up for GA. First offense in GA
Was cited for Under age dui .02 or more in GA. Priors are ovi as a juvenile and 2 ovi charges as an adult. Failed for thc and alcohol in all cases, currently on non reporting probation and sr22 license bond. Any advice is gratefully appreciated
A:
A criminal proceeding involving a prosecution for a DUI, evidence of the commission of another DUI on a different occasion by the same accused shall be admissible when:
(1) The accused refused in the current case to take the state administered test and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident;
(2) The accused refused in the current case to provide an adequate breath sample for the state administered test and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident; or
(3) The identity of the driver is in dispute in the current case and such evidence is relevant to prove identity.
OCGA § 24-4-417 (West)
In GA as of right now, the court in Stephens v. State, 205 Ga.App. 403 (1992), held that a “defendant's youth at the time of the similar transaction should be considered when deciding if the testimony should be admitted to show lustful disposition and inclination, i.e., bent of mind.”
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