Rigdon v. State

Ellington, Judge.

The Superior Court of Marion County affirmed the order of the probate court convicting Sam Rigdon of driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 (a) (l). Rigdon appeals, contending that the probate court violated his due process rights by convicting him under the less safe provisions of the statute after limiting the State’s proof at trial to a so-called per se violation, OCGA § 40-6-391 (a) (5), and that the superior court erred in finding that any errors committed by the probate court were harmless. Rigdon also…