Austin v. State

McMurray, Presiding Judge.

Via accusation, couched in two counts, defendant was charged with driving under the influence of alcohol in violation of OCGA § 40-6-391 (a) (1) and driving with unlawful alcohol concentration in violation of OCGA § 40-6-391 (a) (4). The jury returned a verdict of guilty on each count of the accusation but sentence was imposed on Count 2 only. This appeal followed the denial of defendant’s motion for a new trial. Held:

1. The arresting law enforcement officer testified that he responded to an accident call and came upon defendant’s vehicle “in the eastbound lane of…