Goethe v. State

Barnes, Chief Judge.

Jeremy Goethe appeals from his conviction of speeding and driving with an alcohol concentration greater than 0.08 grams (OCGA § 40-6-391 (a) (5)). Goethe contends the trial court erred in charging the jury with part of OCGA § 40-6-392 (a) (1), which deals with the foundational requirements for the admissibility of scientific evidence in DUI cases, and by charging the jury that breath-alcohol measuring equipment approved by the State Crime Lab is considered accurate if properly operated. In addition, Goethe contends the trial court committed plain error by charging the jury…