State v. Mallory

Beasley, Judge.

The state appeals the grant of defendant’s amended motion to suppress 1 the results of the state-administered breath test in his trial on the charge of driving under the influence of alcohol. OCGA § 40-6-391.

After two evidentiary hearings at which the arresting officer, the intoximeter operator, and defendant testified, the court granted the motion to exclude the test results from evidence. This was based on the findings of fact that defendant had made a request to the intoximeter operator for an independent blood test and that he had not been permitted to submit to one or make…