Osborne v. State

Deen, Presiding Judge.

On March 7, 1984, at approximately 6:25 a.m., the appellant, Kenneth Parker Osborne, was stopped by police as he proceeded down an entrance ramp of 1-285, going 5 mph with two flat tires. The arresting officer testified that Osborne smelled strongly of alcohol and was unsteady on his feet. Osborne agreed to a breath test, and he was taken to a nearby precinct where after four tries, he registered a reading of .15 percent. At Osborne’s request, a second test was given five minutes later, at which time he registered a reading of .16 percent. The tests were given…