State v. Rackoff

Ellington, Judge.

The State Court of Gwinnett County granted Stewart Daniel Rackoff’s motion to suppress the results of an Intoxilyzer 5000 breath alcohol test in this prosecution for driving under the influence. The trial court granted the motion because the Intoxilyzer machine was taken out of service five days after the breath test and the State presented no evidence that it had been successfully used “after the test performed on the defendant.” Pursuant to OCGA § 5-7-1 (a) (4), the State appeals from the trial court’s order. Because the trial court erred in granting the motion, we reverse.

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