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Goddard v. State

The defendant's requested charge on alcohol concentration in relation to liters of breath was irrelevant and would have confused the jury.

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David Anthony Goddard appeals from the judgment entered after a jury found him guilty of DUI. Goddard claims the evidence was insufficient to support the verdict and also that the trial court erred in refusing to give his request to charge on the definition of “alcohol concentration.” We find no error and affirm.

The evidence at trial, viewed in the light most favorable to support the jury’s verdict was as follows. The arresting officer testified that he first noticed Goddard because he was speeding. The officer turned around to catch up to Goddard and when he was pulling up behind him saw that Goddard was weaving across the roadway. The officer said that at one point Goddard was driving with his car straddling the double yellow line.

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