Stewart v. State

Shulman, Chief Judge.

Appellant was tried and convicted of driving under the influence (Code Ann. § 68A-902 (OCGA § 40-6-391)) and of operating a motor vehicle after having his license revoked for being an habitual violator (Code Ann. § 68B-308 (OCGA § 40-5-58)). The arresting officer testified that on November 28,1981, she saw appellant exiting from the driver’s side of a vehicle that was positioned in a ditch on the right-hand side of the road. She testified that the right side of the vehicle was completely blocked by the ditch and that she saw no other person near the vehicle. While talking…