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Parker v. State5/8/2001
he DUI charge as a matter of fact, regardless of the evidence adduced at trial. See Strickland, supra at 774.
Furthermore, we disagree with Parker's argument that the evidence necessary to prove the offenses of driving without headlights and improper lane change was "used up" when the state proved the DUI offense. Compare Chadwick v. State, 236 Ga. App. 199, 202-203 (3) (511 SE2d 286) (1999). There was ample evidence supporting the DUI charge absent evidence of the other driving infractions. Specifically, the arresting officer testified that Parker staggered when he exited his vehicle, that he admitted that he had been drinking, that his eyes were glassy, and that his speech was slurred. This evidence would be sufficient to support Parker's DUI conviction, and it was not necessary that the state prove that Parker actually committed an unsafe act. Lewis v. State, 214 Ga. App. 830, 831 (1) (449 SE2d 535) (1994). Accordingly, we affirm Parker's conviction and sentence.
Judgment affirmed.
Blackburn, C. J., and Pope, P. J., concur.
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