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Cornell v. State7/14/1999
esumption that the defendant was not under the influence of alcohol, which negative presumption must be rebutted by the State's production of such other probative evidence as will authorize a finding that the defendant was nevertheless a less safe driver as the result of his alcohol consumption. (Punctuation omitted.) Collum v. State, 195 Ga. App. 42, 44 (2) (392 SE2d 301) (1990).
Consequently, the trial court's jury charge in the current case that the presumption arising from an alcohol concentration of 0.05 or less is rebuttable was correct and did not shift the burden of proof to Cornell.
Judgment affirmed. Pope, P.J., and Smith, J., concur.
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