Wright v. the State

Peterson, Judge.

Following his arrest for DUI, Wright filed a motion in limine to exclude the results of the state-administered breath test on the basis that he requested, but was not given, an independent chemical test of his blood. The trial court denied Wright’s motion, concluding that *217Wright did not request an independent test. Wright was subsequently found guilty of DUI per se, DUI less safe, and two counts of speeding. The trial court merged the two speeding counts and also merged the DUI less safe count with the DUI per se count for sentencing purposes.

On appeal, Wright argues that the…