Opinion
76009.
DECIDED FEBRUARY 2, 1988.
D.U.I. Jefferson State Court. Before Judge Cannon.
John J. Pilcher II, for appellant.
James C. Abbot, Solicitor, for appellee.
Dennis Keith Boose was convicted of driving under the influence and appeals, enumerating only the general grounds.
The evidence showed that appellant was riding on a motorcycle after admittedly having too much to drink. The sole question for the trier of fact was whether appellant was driving the motorcycle. A passerby noticed the motorcycle lying partially on the street and partially on its side. Appellant was noticed lying on the ground nearby. The passerby reported it to the police as an accident. When an officer who was in the immediate area heard the report on his radio and looked up, he saw appellant struggling to pick up the motorcycle. Neither the woman who reported the incident nor the officer noticed anyone else at the scene. Appellant, his wife, and her sister-in-law, however, claimed that the motorcycle was being operated by a person known to them only as "Tex," and that appellant was a passenger.
Circumstantial evidence may be used in establishing guilt when the accused is charged with driving under the influence. Glisson v. State, 134 Ga. App. 380 ( 214 S.E.2d 386) (1975); Stephens v. State, 127 Ga. App. 416 ( 193 S.E.2d 870) (1972). The credibility of the witnesses is solely a question for the trier of fact. Barnes v. State, 181 Ga. App. 581 ( 353 S.E.2d 76) (1987). We find from the evidence that a rational trier of fact could find the appellant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979).
Judgment affirmed. Carley and Sognier, JJ., concur.