Johnson v. State

Pope, Judge.

David Allen Johnson was convicted of DUI, fined $1,000 and sentenced to serve 12 months. His sole enumeration of error is that the trial court erred in allowing testimony concerning the chemical test of Johnson’s breath over objection that the State had failed to produce the operating record pursuant to a timely written demand under OCGA § 17-7-211. Held:

The document at issue is an operating record for a photo-electric intoximeter. It is a pre-printed form which is essentially a checklist of steps to insure proper operation of the machine. There is a notation that the test results…