Beal v. Braunecker

I respectfully depart from Divisions 1 and 5 of the majority opinion, and Division 6 insofar as it relates to the subjects treated in Divisions 1 and 5.

1. The basis of the prayer for punitive damages was that defendant was operating his vehicle while intoxicated, rendering him less than safe to drive his vehicle, and that his intoxication was willful and wanton. The breath analysis of .28 percent alcohol in his blood was in excess of the .12 which constitutes a violation of OCGA § 40-6-391 (4). The officer who arrived at the scene and administered the breath test also testified defendant…