TOMKO v. STATE

No. A98A1216.

503 S.E.2d 300 (1998)

233 Ga. App. 20

TOMKO v. The STATE.

Court of Appeals of Georgia.

June 17, 1998.


Attorney(s) appearing for the Case

Jamie S. Wingler, Atlanta, for appellant.

June D. Green, Solicitor, Steven E. Kellis, Assistant Solicitor, for appellee.


BLACKBURN, Judge.

Craig Tomko appeals his conviction for driving under the influence to the extent that it was less safe to drive. Because the trial court erred in refusing to give a requested jury charge tracking OCGA § 24-4-6, we reverse.

On the night of November 14, 1996, a police officer observed Tomko's car traveling 53 mph in a 35-mph zone and, consequently, stopped the vehicle. When the officer asked for identification, he detected the odor of...

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