Olsen v. State

Birdsong, Judge.

Appellant was tried and convicted of driving under the influence. He enumerates three errors on appeal. Held:

1. Despite appellant’s persuasive argument to the contrary, we do not agree that the presumptions created by OCGA § 40-6-392 (Code Ann. § 68A-902.1) constitute a denial of due process and equal protection by being burden shifting where those “presumptions” are modified in the charge to the jury as, in reality, being only “rebuttable presumptions or inferences.” See McCann v. State, 167 Ga. App. 368 (306 SE2d 681) (1983).

Decided October 4, 1983. Howard T. Scott, for…