Bagwell v. State

Mikell, Judge.

A jury convicted Robert Bagwell of driving under the influence of alcohol (“DUI”) to the extent it was less safe for him to drive 1 and driving while his alcohol concentration was more than 0.10 grams (a “per se” violation). 2 On appeal, Bagwell argues that his two prior DUIs and his breath test results were erroneously admitted in evidence. He also challenges the denial of his motion for directed verdict on the per se charge. We affirm.

Sergeant Craig Cannon of the City of Conyers Police Department testified that on March 13, 1998, he observed Bagwell’s vehicle exit a parking…