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Jones v. State

The State was not required to adduce evidence that the defendant actually committed an unsafe act while driving in order for the trial court to convict him of driving under the influence of a drug to the extent that it was less safe to drive under O.C.G.A. § 40-6-391 subsection a 2.

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A Hall County jury found Brandon Jones guilty beyond a reasonable doubt of driving under the influence of a drug to the extent that it was less safe to drive, OCGA § 40-6-391 a 2; driving with a suspended license, OCGA § 40-5-121 a; and failing to wear a seat belt, OCGA § 40-8-76.1 b. Following the denial of his motion for a new trial, Jones appeals, challenging the sufficiency of the evidence as to Count 1 of the accusation, DUI. He also contends that Count 1 fails to charge him with any offense under Georgia law. For the reasons explained below, we affirm.

1. Jones contends that the only officer who observed him driving did not see any unsafe driving. In addition, he contends that, to the extent there was evidence that he was impaired to the extent he was a less safe driver, the evidence does not show that the substance he ingested as “synthetic marijuana” had any effect on his ability to drive. As a result, he contends, the evidence was insufficient to sustain his conviction.

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