Phillips v. State

McMurray, Presiding Judge.

Defendant was charged via a Georgia Uniform Traffic Citation with violating OCGA § 40-6-391, driving under the influence of alcohol. The case was tried before a judge in the Recorder’s Court for the City of Warm Springs, Georgia. At the conclusion of the State’s evidence, defense counsel moved for a directed verdict of acquittal based on insufficient evidence. This motion was denied. In his closing argument, defense counsel again pointed out the lack of evidence to sustain a conviction. The trial court responded as follows:

“THE COURT: Mr. Brown, what I’m going to do…