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Ricks v. State

DUI conviction reversed since there was no evidence that defendant was a less safe driver.

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David Jason Ricks was convicted of driving under the influence less safe driver and speeding, and acquitted of underage possession of alcohol. He appeals, maintaining that the lower court erred in: 1 failing to grant his motion for a directed verdict when the state offered no evidence that alcohol impaired his ability to drive; 2 failing to charge the jury on the presumption of sobriety contained in OCGA § 40-6-392 b 1; 3 failing to amend the accusation for driving under the influence of alcohol to the extent that he was a less safe driver to strike any reference to his being under 21 years of age; and 4 instructing the jury that it could assume that equipment approved by the crime lab is considered accurate if properly operated. Because we agree that the State failed to offer sufficient evidence to convict Ricks of driving under the influence of alcohol to the extent that he was a less safe driver, we reverse.

1. Ricks argues that the State failed to present sufficient evidence to convince a rational trier of fact beyond a reasonable doubt that he was impaired by alcohol.

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