Luke v. State

Benham, Judge.

Appellant was convicted under the habitual violator statute (OCGA § 40-5-58) and of driving under the influence of alcohol (OCGA § 4-6-391). On appeal he challenges the sufficiency of the evidence of the former charge and the trial court’s jury instruction on the latter.

1. Appellant admitted at trial that he drove his friend’s car at least one-eighth of a mile before pulling it over to the side of the road. The arresting officers also testified that they saw appellant driving the vehicle. Documents stipulated to by both parties and admitted into evidence showed that appellant…