Lumley v. State

Ruffin, Chief Judge.

Following a bench trial, Derek Lumley was found guilty of driving under the influence to the extent that his blood alcohol content exceeded the legal limit. In his sole enumeration of error, Lumley contends that the trial court erred in admitting into evidence a copy of the intoxilyzer report over his “best evidence” objection. For reasons that follow, we agree and thus reverse.

The transcript from the bench trial shows that on January 16, 2005, following a traffic stop, Officer Ronnie Drake administered an intoxilyzer test to Lumley. At trial, the State attempted to admit…