Dotson v. State

Birdsong, Presiding Judge.

Gregory J. Dotson appeals his judgment of conviction of DUI and speeding. During direct examination appellant revealed the numerical reading of the field alcosensor test; the State moved for a mistrial which the trial court immediately granted, dismissing the jury. A new jury subsequently was selected and sworn. Appellant’s counsel moved for dismissal on grounds of double jeopardy; the motion was denied. Appellant was convicted of DUI (OCGA § 40-6-391 (a) (1)), driving with an unlawful alcohol concentrate (DWUAC) (OCGA § 40-6-391 (a) (4)) and speeding.

The trial…