Melvin v. State

Birdsong, Presiding Judge.

Johnny David Melvin was charged by accusation with one count of DUI (OCGA § 40-6-391 (a) (1)) and driving with an unlawful blood alcohol level (OCGA § 40-6-391 (a) (4)). In a bench trial, he was found not guilty of DUI and guilty of driving with an unlawful blood alcohol level; his motion for new trial was denied. Melvin appeals the denial of his motion for new trial.

Appellant was stopped for speeding. The police officer observed appellant was unsteady on his feet and his eyes were “real glassy.” After being given an alcosensor test, appellant was arrested and…