BELL v. STATE

A90A1262.

197 Ga. App. 175 (1990)

398 S.E.2d 29

BELL v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied October 5, 1990.


Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Bentley C. Adams III, for appellant.

W. Fletcher Sams, District Attorney, J. David Fowler, Assistant District Attorney, for appellee.


POPE, Judge.

Defendant Randall Eugene Bell appeals his conviction for driving under the influence.

1. Defendant was charged with violating OCGA § 40-6-391 (a) (1), which makes it a crime to be under the influence of alcohol or drugs to the extent that one becomes a "less safe driver." The arresting officer testified that the only indication of intoxication exhibited by defendant was the odor of alcohol on his breath. This alone is insufficient evidence...

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