Garrett v. State

Smith, Judge.

Garrett appeals a jury conviction of driving a vehicle while under the influence of intoxicating liquors, in violation of Code § 68A-902. We affirm.

Over Garrett’s objection, two arresting officers testified that Garrett was staggering; his speech was excessively loud and slurred; he was slobbering at the mouth; and he had the strong odor of alcohol on his breath. They also stated under oath that his driving was reckless and less safe as a result of his drinking. Garrett was given an intoximeter test which showed a reading of .25. A reading of .10 raises the legal presumption that…