Swearingen v. State

Johnson, Judge.

James E. Swearingen, Jr. consented to consolidation at trial of several charges against him which arose in four separate incidents occurring over a five-month period. He was convicted of three counts of DUI, three counts of driving a motor vehicle after having been declared an habitual violator, and one count of no proof of insurance. His motion for a new trial was denied, and he appeals.

1. Swearingen first contends that the jury erred in finding him guilty in that the state failed to meet its burden to show sufficient compliance with the implied consent law. Specifically,…