Charlton v. State

Pope, Presiding Judge.

A jury convicted defendant Keith Charlton of driving under the influence of alcohol to the extent that it was less safe for him to drive. During trial, the trial court suppressed the results of a state-administered breath test on the ground that the arresting officer had failed to advise defendant of his right to have an additional test administered by a qualified person of his own choosing. But the trial court subsequently allowed the State to introduce the breath test results to rebut the testimony of defendant’s expert witness. Contending that this was error,…