Grisson v. State

Cooper, Judge.

Appellant was convicted of driving under the influence. In his sole enumeration of error, he argues that the trial court erred in denying his motion in limine to exclude the results of the State’s breath test because he was denied his right to an independent test of his own choosing pursuant to OCGA § 40-6-392 (a) (3).

After a hearing on the motion in limine, the trial court found that appellant was afforded the opportunity to request an independent test, that he did request such a test, and that the independent test was performed as requested. Appellant argues that the evidence…