State v. Harris

Cureton, Judge:

Appellant, Ernest Edward Harris, was tried and convicted of driving under the influence. He appeals his conviction. We affirm.

The issues raised in this appeal are whether the trial judge (1) ruled Harris was precluded from cross-examining the breathalyzer operator regarding whether Harris had reasonable opportunity to obtain a blood test, and (2) denied Harris due process of law by instructing the jury that taking the breathalyzer test was a prerequisite to obtaining an independent blood test.

On a Saturday night, May 19, 1990, three narcotics officers sat in an unmarked vehicle…