Garland v. State

Ruffin, Judge.

A jury found Kevin Brett Garland guilty of driving under the influence with an unlawful alcohol concentration and speeding. Garland appeals, asserting that the trial court erred in failing to grant a continuance, in making several evidentiary rulings, and in limiting his closing argument. For reasons that follow, we affirm.

Viewed in favor of the jury’s verdict, the evidence at trial showed that Officer J. W. Moody stopped Garland, who was driving over 85 mph in a 65-mph zone. After approaching Garland’s car, Moody smelled alcohol on his breath. Upon questioning, Garland told…