State v. Chumley

Carley, Judge.

Appellee was arrested and was charged with driving under the influence. After the arrest, appellee submitted to an intoximeter test of his breath. The officer conducting the test possessed a permit issued by the State Crime Laboratory authorizing him to conduct such an intoximeter test. Appellee filed a motion to suppress the results of the breath test, raising Fourth Amendment grounds (lack of probable cause for his arrest) and, in addition, the state’s alleged non-compliance with Code Ann. § 68A-902.1 and the Rules and Regulations of the Department of Public Safety. The motion…