Nelson v. State

Beasley, Judge.

Nelson was convicted by a jury of driving an improperly equipped vehicle (OCGA § 40-8-7), driving under the influence of alcohol to the extent it was less safe for him to drive (OCGA § 40-6-391 (a) (1)), and driving a motor vehicle while having an alcohol concentration of 0.10 grams or more (OCGA § 40-6-391 (a) (4)). He was sentenced for violations of OCGA §§ 40-8-7 and 40-6-391 (a) (4).

Trooper Wiley testified that on February 1, 1996, he initiated a traffic stop of Nelson because he was driving a van with no taillights. After stopping Nelson, Wiley suspected that he was under…