Tanner v. State

McMurray, Presiding Judge.

After a bench trial, defendant was convicted of driving under the influence of alcohol to an extent that it was less safe for him to drive in violation of OCGA § 40-6-391 (a) (1). This appeal followed the denial of defendant’s motion for new trial. Held:

Defendant challenges the sufficiency of the evidence in his sole enumeration of error, arguing that the arresting officer’s opinion that defendant was less safe to drive is insufficient to authorize his conviction for violating OCGA § 40-6-391 (a) (1). This argument is without merit.

“A police officer may give opinion…