Ricks v. State

Blackburn, Chief Judge.

David Jason Ricks was convicted of driving under the influence (less safe driver) and speeding and acquitted of underage possession of alcohol. He appeals, maintaining that the lower court erred in: (1) failing to grant his motion for a directed verdict when the State offered no evidence that alcohol impaired his ability to drive; (2) failing to charge the jury on the presumption of sobriety contained in OCGA § 40-6-392 (b) (1); (3) failing to amend the accusation for driving under the influence of alcohol to the extent that he was a less safe driver to strike any…