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Duren v. State11/2/2001
scene because he fled before the accident was discovered. Groom, supra at 400 (2). Finally, in Clay, the only evidence of intoxication was the odor of alcohol and red eyes. The defendant offered rebuttal witnesses who testified that he had not been drinking that morning and that his eyes were normally red. Clay, supra at 378. None of the cases cited by Duren, involved evidence that the defendants had failed field sobriety tests.
The evidence was sufficient to authorize a jury to find Duren guilty of being under the influence of alcohol to the extent he was a less safe driver, and that he was in possession of an open container of alcoholic beverage, under the standard set forth in Jackson v. Virginia, supra.
Judgment affirmed. Pope, P. J., and Mikell, J., concur.
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