Kitchens v. State

Pope, Senior Appellate Judge.

Defendant Mary Cloyd Kitchens was convicted following a bench trial of driving under the influence of alcohol to the extent that she was a less safe driver, failure to maintain lane, and driving with an expired license. She appeals, arguing that the trial court erred in admitting the results of the state-administered breath test into evidence because the implied consent warning read to her by the arresting officer was misleading, inaccurate, and coercive and that the evidence was insufficient to support her conviction for “less safe” DUI.

As is relevant to this…