McGinn v. State

ELDRIDGE, Judge.

A Floyd County jury found James J. McGinn guilty of underage DUI (excessive BAC 1 ). On appeal, McGinn’s sole claim of error is that the trial court erred in denying his motion in limine premised upon the arresting officer’s failure to provide him with an independent chemical test of his blood after he requested one. We agree and reverse.

The facts of this case do not appear to be in dispute. Floyd County Police Officer T. Raykovics was dispatched to investigate a vehicular wreck on Georgia Highway 101 involving a beige Toyota Camry that had gone into a ditch; when he arrived,…