Opinion
36103.
DECIDED MARCH 14, 1956.
Certiorari. Before Judge Whitman. Fulton Superior Court. December 27, 1955.
James H. Dodgen, for plaintiff in error.
Paul Webb, Solicitor-General, John I. Kelley, Solicitor, contra.
The judge of the Superior Court of Fulton County did not err in refusing to sanction a writ of certiorari.
DECIDED MARCH 14, 1956.
The defendant was convicted in the Criminal Court of Fulton County for the offense of operating an automobile while under the influence of intoxicating liquor. He was sentenced to twelve months on the public works or a fine of $200.
The evidence shows substantially that police officers followed a Chevrolet truck for a block and a half; that the driver was "weaving all over the street"; that the officers tried to pull up beside him half a block before they finally did so, but could not pull up beside him because "he went on the left side of the street"; that when the officers got him out of the car, "you could tell he was drinking by his speech, his eyes and his staggering."
It is contended that the charge of operating an automobile while under the influence of intoxicating liquor is not sufficient to put the defendant on notice of the charge against him. This court has held that a defendant must be under the influence of intoxicating liquor to the extent that he is less safe as a driver. See Sims v. State, 92 Ga. App. 169 ( 88 S.E.2d 186). We hold that in the instant case there is ample evidence that the defendant was so under the influence of intoxicating liquor that he was less safe as a driver. The evidence in the instant case leaves no doubt but that the defendant was drunk and an unsafe driver.
The judge of the Superior Court of Fulton County did not err in refusing to sanction the writ of certiorari.
Judgment affirmed. Townsend and Carlisle, JJ., concur.