Kimberly v. State

Carley, Judge.

Appellant was indicted for the offense of driving while having 0.12 percent by weight of alcohol in his blood. OCGA § 40-6-391 (a) (4). He was tried before a jury and found guilty. Appellant appeals from the denial of his motion for new trial.

1. Appellant enumerates the general grounds. Evidence in the form of the results of an intoximeter test authorized a finding that appellant had 0.12 percent by weight of alcohol in his blood. Appellant nonetheless contends that his conviction cannot stand, relying upon the State’s failure to rebut the following defensive contention: Prior…