Turner v. State

Andrews, Judge.

Defendant appeals the trial court’s denial of his motion in limine which sought to exclude the results of the state-administered breath tests due to the State’s refusal to allow him a separate test pursuant to OCGA § 40-6-392 (a) (3).

Upon being arrested, defendant was advised of his implied consent rights and taken to the police station where he was administered the Intoximeter 3000 breath test. After completing the test and registering .13, he was asked by the machine operator if he wore dentures. Upon answering affirmatively, defendant asked for another breath test, which was…