Smith v. State

Smith, Judge.

Franklin D. Smith was charged by accusation with two counts of DUI. He was tried by a jury, which found him guilty as charged. He appeals, raising issues with regard to the denial of pretrial motions and the trial court’s charge. We find no merit in Smith’s contentions, and we affirm the judgment.

1. Count 1 of the accusation charged Smith with DUI to the extent that he was a less safe driver, citing OCGA § 40-6-391; Count 2 charged him with driving with an unlawful alcohol concentration, erroneously citing subsection (a) (4) of OCGA § 40-6-391. Smith contends the trial court…