Lowenthal v. State

Mikell, Judge.

James E. Lowenthal was charged with driving under the influence (“DUI”) of alcohol to the extent that he was a less safe driver, OCGA § 40-6-391 (a) (1), and driving under the influence of alcohol by having an alcohol concentration of 0.08 grams or more, OCGA § 40-6-391 (a) (5). A jury convicted Lowenthal of both offenses. 1 He appeals, arguing that the trial court erred by admitting testimony of a prior DUI without holding a pre-trial hearing, by refusing to enforce a proposed stipulation of the prior DUI offered by defense counsel, by allowing the state to introduce a…