Waits v. State

Smith, Judge.

Donald Rivers Waits was found guilty by a jury of driving under the influence of alcohol to the extent that he was a less safe driver. OCGA § 40-6-391 (a) (1). He appeals from the judgment of conviction and sentence entered on the jury’s verdict, raising threé enumerations of error. We find that the evidence presented at trial was sufficient to authorize Waits’s conviction. But because we also conclude the trial court erred in refusing to give Waits’s requested jury charge on circumstantial evidence tracking the language of OCGA § 24-4-6, we reverse the judgment below.

1. The…