Whiteley v. State

188 Ga. App. 129 (1988)

372 S.E.2d 296

WHITELEY

v.

THE STATE.

75829.

Court of Appeals of Georgia.

Decided July 15, 1988.

Rehearing Denied July 29, 1988.

Victor C. Hawk, for appellant.

Michael C. Eubanks, Solicitor, H. Scott Allen, Assistant Solicitor, for appellee.

BEASLEY, Judge.

Whiteley was convicted of improper lane usage (OCGA § 40-6-40) and driving under the influence of alcohol (OCGA § 40-6-391 (A) (1) & (4)). The subsection (4) conviction was merged with the subsection (1) conviction for sentencing.

1. The primary question on appeal is whether the trial judge abused his discretion in denying a…