The jury convicted Mark Joseph Corbin of driving under the influence of alcohol to the extent it was less safe for him to drive “DUI Less Safe”, possession of an open container of alcoholic beverage, and disorderly conduct. The trial court denied his motion for new trial. Corbin appeals, contending that the trial court improperly instructed the jury that questions posed to witnesses by the lawyers do not constitute evidence. Finding no error, we affirm. Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Gordon v. State , 294 Ga. App. 908 1 670 SE2d 533 2008. So viewed, the evidence showed that around midnight on a Saturday, the parking lot of a Krystal restaurant in Floyd County was crowded with cars in the drive-thru line and patrons gathered around parked cars. Corbin drove his truck into the crowded parking lot and proceeded to the drive-thru line at such a high rate of speed that his tires were squealing.
While waiting in the drive-thru line, Corbin, without any apparent reason or provocation, began cursing at the driver in front of him who was at the speaker ordering food. When the other driver looked in his rearview mirror, Corbin yelled, “Mother fcker what are you looking at,” stepped out of his truck, and began approaching the other driver. The other driver stepped out of his vehicle and told Corbin to go back to his truck, but Corbin charged toward the driver in an attempt to strike him. The driver, who happened to be an off-duty police officer, quickly subdued Corbin and asked another restaurant patron to call 911. The driver noticed that Corbin smelled of alcohol and had watery, bloodshot eyes.
