Knapp v. State

Beasley, Judge.

Knapp was arrested April 24,1996, and convicted of driving with an unlawful blood alcohol concentration as prohibited by OCGA § 40-6-391 (a) (4), effective April 21, 1995, thereafter redesignated subsection (a) (5). Evidentiary, procedural, and jury charge issues are raised.

Knapp failed to stop at a road block license check. One of the officers got in his patrol car, followed Knapp, and stopped his car. Upon approach, the officer detected the odor of alcohol emanating from his breath. Knapp was unsteady on his feet, had red and watery eyes and, when asked if he had been…