Hurd v. State

Andrews, Judge.

Hurd, convicted of driving under the influence under OCGA § 40-6-391 (a), appeals the denial of his motion for new trial claiming insufficient evidence.

Viewed in favor of the verdict, the evidence was that Hurd was stopped around 8:30 p.m. at a roadblock where troopers were checking licenses. He was driving a small convertible with the top down. The officer noticed, while checking the license, the odor of alcohol. The officer asked if he had drunk any alcohol and Hurd denied it. Hurd was directed to the roadside for further inquiry. While talking to Hurd, the officer noticed a…