Smith v. State

BARNES, Presiding Judge.

After a bench trial, Karen Smith was convicted of driving under the influence of alcohol to the extent she was less safe, in violation of OCGA § 40-6-391 (a) (1).1 She argues that the trial court erred by refusing to sequester the State’s witnesses during a hearing on the State’s motion in limine and by excluding as irrelevant the results of a blood test she took after she was released from jail. Because the trial court erred in denying Smith’s motion to invoke the mandatory rule of sequestration during a pre-trial evidentiary hearing, we reverse the DUI conviction and…