Hamilton v. State

Ruffin, Judge.

Following a bench trial, Kevin Paul Hamilton was convicted on charges of DUI, less safe to drive (OCGA § 40-6-391 (a) (1)) and per se (OCGA § 40-6-391 (a) (4)); improper lane change; and possession of an open container of alcohol while operating a vehicle. On appeal, Hamilton challenges the State’s proof of venue and the evidence supporting his less safe DUI and improper lane change convictions. He also claims the trial court erred by admitting the Intoxilyzer 5000 breath test results without a proper foundation. Because we find merit in this latter enumeration, we reverse the…