Holmes v. State

Pope, Judge.

On February 20, 1980 appellants Holmes and Cleary were observed speeding on Interstate Highway 75 by a trooper of the Georgia State Patrol. After stopping the car and directing the driver, Holmes, to sit in the patrol car, the trooper suspected Holmes to be intoxicated because he was unsteady on his feet. The trooper asked Holmes if he had been drinking and Holmes replied affirmatively. The trooper then advised Holmes that he was under arrest for speeding and asked him to consent to an intoximeter test at the county jail. Holmes consented. He also advised the trooper that the…