Harmon v. State

Eldridge, Judge.

A Spalding County jury found Mary Lou Harmon guilty of DUI — less safe driver, which charge arose after Harmon rear-ended a car which was stopped at a red light at the corner of Hill and Taylor Streets in Griffin. Harmon appeals, claiming that (1) the results of a horizontal gaze nystagmus (“HGN”) test should have been suppressed since she was in custody without benefit of Miranda 1 warnings at the time of the test’s administration; and (2) the trial court erred in refusing to charge the jury on the presumption of innocence that arises when chemical test results show a blood…