Wax v. State

JOHNSON, Presiding Judge.

A jury found John Denson Wax guilty of driving under the influence of alcohol and failing to maintain his lane. Wax appeals, arguing that the trial court’s preliminary instruction to the jury was erroneous. He also claims that trial counsel was ineffective in failing to object to this instruction. For reasons that follow, we affirm.

1. The record shows that Wax was charged with driving under the influence (“DUI”) and related offenses arising out of two separate incidents, one occurring on June 28, 2006, and the other on September 26, 2006. Prior to trial, Wax pled…