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Lawskills.com Georgia Caselaw
OLSEN v. THE STATE.
66752.
BIRDSONG, Judge.
D. U. I. Clarke State Court. Before Judge Pittard.
Appellant was tried and convicted of driving under the influence. He enumerates three errors on appeal. Held:
2. For the same reasons stated in Division 1, we also reject appellant's contention in his second enumeration, which challenges the trial court's charge on the presumptions delineated in OCGA 40-6-392 (Code Ann. 68A-902.1). Id. Although the charge in this case noted that the presumptions were rebuttable and does pass constitutional muster, we believe that the charge quoted in McCann, supra (2), when used in connection with the instructions on the statutory presumptions, provides the jury with a clearer understanding of the legal impact of presumptions. The quoted portion of the McCann charge should always be given by trial courts when instructing on OCGA 40-6-392 (Code Ann. 68A-902.1).
3. We have reviewed the remainder of the trial court's opening and closing instructions to the jury and find no reversible error therein.
Ken Stula, Solicitor, for appellee.
Howard T. Scott, for appellant.
DECIDED OCTOBER 4, 1983.
Thursday May 21 20:06 EDT


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