Tipton v. State

Smith, Judge.

Harry Tipton appeals his conviction of two counts of driving under the influence of alcohol, OCGA § 40-6-391 (a) (4).

1. Tipton enumerates as error the failure of the trial court to direct a verdict of acquittal. Viewed in a light favorable to the verdict, the evidence shows that a police officer approached Tipton as he sat in the driver’s seat of his pickup truck in an interstate rest area. The officer asked Tipton why. he was parked in the rest area, and Tipton responded he had a fight with his wife, was trying to get away from her, and just arrived at the rest area. The keys…