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Drogan v. State

Defendant's refusal to take a field sobriety test, his refusal to take the state-administered chemical test, the odor of alcohol on his person, his failure to activate his headlights during the early morning hours, his running of a red light and his driving erratically supported his DUI conviction.

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Adam Drogan, convicted by a jury of DUI less safe, running a red light, and not using his headlights, appeals, challenging the sufficiency of the evidence, portions of the charge to the jury, and limitation of his cross-examination. Finding no harmful error, we affirm. 1. We consider first Drogan’s fourth and fifth enumerations of error in which he contends that the evidence was insufficient because the State did not prove Drogan was driving the car or that he was incapable of driving safely.

On appeal from a criminal conviction, the evidence is viewed in a light most favorable to the verdict. We do not weigh the evidence or determine witness credibility but only determine whether the evidence is sufficient under the standard

 
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