Cullingham v. State

Miller, Judge.

Following a bench trial, Sidney Cullingham was found guilty of driving with an unlawful blood alcohol level (Count 2) and driving under the influence of alcohol to the extent that it was less safe for him to drive (Count 1). The court merged Count 1 with Count 2 for sentencing. On appeal, Cullingham challenges the denial of his motion to suppress, the sufficiency of the evidence that he was a less safe driver, and the finding that he was properly advised of his implied consent rights. We discern no error and affirm the conviction.

1. Cullingham argues that the alco-sensor and…