Stewart v. State

Deen, Presiding Judge.

The appellant, Thomas David Stewart, was convicted of driving under the influence of alcohol, for which he was sentenced to 12 months’ probation, a $600 fine, and 80 hours of community service. On appeal, he contends that portions of the trial court’s instruction to the jury were burden-shifting and confusing.

At approximately 1:37 a.m. on July 18, 1984, after observing the appellant’s vehicle fail to negotiate a curve properly, a police officer for the City of Athens stopped the appellant and conducted a field sobriety test. The appellant failed the test, after which the…