Haynes v. State

Barnes, Judge.

A jury convicted Cynthia Haynes of running a stop sign, driving with an open container of alcohol, and driving under the influence of alcohol. Haynes appeals the DUI conviction, arguing that the trial court erred in giving a jury charge regarding the “evidentiary value” of the Intoxilyzer 5000 machine. While we agree the charge was error, we conclude that the error was harmless and affirm Haynes’ conviction.

Haynes objects to the following jury charge: “I charge you the mere fact that the Intoxilyzer 5000 machine has some margin of error or may give an erroneous result under…