Clark v. State

Banke, Presiding Judge.

The appellant was charged with speeding, following too closely, and driving under the influence. A jury acquitted him of following too closely but found him guilty of speeding and driving under the influence. He appeals. Held:

1. The appellant contends that there was no evidence from which the jury could have determined that he was under the influence of alcohol to the extent that he was a less safe driver and that the evidence as a whole was consequently insufficient to support a DUI conviction under OCGA § 40-6-391 (a) (1). This contention is without merit. The…