Rylee v. State

Pope, Chief Judge.

Defendant was convicted by a jury of driving while under the influence of alcohol to the extent that it was less safe for him to drive. (OCGA § 40-6-391 (a) (1).) He appeals following the denial of his motion for new trial.

Trooper Melvin Dukes of the Georgia State Patrol testified that in May 1991 he stopped defendant’s pickup truck because of a cracked windshield and an obscured license tag. When Dukes approached the defendant’s window to ask for his license and proof of insurance, he detected the odor of alcohol. Defendant appeared nervous, his face was flushed and his…