State v. Smith

HOWELL, Chief Judge:

Anthony Evett Smith appeals from his conviction for third-offense driving under the influence. We affirm.

I

Chief Fore of the Sellers police department arrived at the scene of a single-car accident on Highway 301, approximately 1/6 miles outside the town of Sellers. The vehicle had left the road and landed in a ditch about a foot away from a light pole. When Fore arrived at the scene, he saw Smith pulling up and chewing on blades of grass. Smith then returned to the car, *624leaning against the trunk. Marvin Graham and Richard McCray, both of whom Fore knew, were also at the…