Head v. State

BERNES, Judge.

Following a bench trial, Barry Scott Head was convicted of driving while under the influence of any drug to the extent that it was less safe for him to drive, in violation of OCGA § 40-6-391 (a) (2). He was also convicted of driving with a controlled substance in his blood, in violation of OCGA § 40-6-39 1 (a) (6), although that conviction was merged into his DUI-less safe conviction. On appeal, Head contends both that the evidence was insufficient to support his DUI-less safe conviction, and that OCGA § 40-6-39 1 (a) (6) violates the equal protection clause of the Fourteenth…