Ellerbee v. State

McMurray, Presiding Judge.

Defendant was charged via accusation with two alternative counts of driving while under the influence of alcohol. The evidence presented at a jury trial showed that Officer Jamie S. Brown of the Georgia State Patrol stopped defendant near Tenth Street and Piedmont in Atlanta, Georgia, for operating a motor vehicle at a speed “above the posted speed limit.” “[immediately when [Officer Brown] made eye contact with the driver there was no question . . . that he had been drinking[; . . . and] that he was extremely intoxicated.” During the administration of field sobriety…