Jones v. State

Banke, Judge.

In this appeal from his conviction for driving with “ability impaired by alcohol or drugs” (see former Code Ann. § 68A-902 (now OCGA § 40-6-391)), the defendant’s primary contention is that the trial court erred in charging the jury that it would be authorized to find him guilty if it found he had “operated his motor vehicle while under the influence [of alcohol] to the extent that he was a less safe driver [because of that consumption].” (Emphasis supplied.) The defendant had requested a charge to the effect that the use of alcohol must have rendered him “incapable of safely…