Webb v. State

Beasley, Judge.

Defendant appeals the jury conviction of driving under the influence in violation of OCGA § 40-6-391 (a) (4).

Off-duty police officer Guest observed defendant’s car swerve from the right side of the highway to the left, strike the median wall and overturn. He stopped immediately, ran up to the car and saw two people inside. Guest pulled defendant out from the driver’s side of the car by kicking in a window. The second person remained trapped inside, on the passenger’s side. Defendant, acting belligerent and smelling of alcohol, attempted to get back into the car and repeated,…