Johnson v. State

Cooper, Judge.

Appellant was tried before a jury and convicted of driving under the influence (OCGA § 40-6-391 (a) (1)), and operating a motor vehicle after being declared an habitual violator. OCGA § 40-5-58 (c). He appeals from the judgment of conviction and sentence entered on the jury verdict.

1. Appellant contends that the trial court erred in denying his motion for a directed verdict because there was no evidence that he operated a motor vehicle while under the influence of alcohol. We disagree. The arresting officer’s testimony, uncontroverted at trial, was that during a routine patrol…