State v. Coleman

216 Ga. App. 598 (1995)

THE STATE

v.

COLEMAN.

A94A2234.

Court of Appeals of Georgia.

Decided March 10, 1995.

Gerald N. Blaney, Jr., Solicitor, Richard E. Thomas, Jeffrey P. Kwiatkowski, Assistant Solicitors, for appellant.

John D. Stone, for appellee.

POPE, Chief Judge.

In this DUI case, the State appeals the trial court's grant of defendant's motion in limine to exclude the results of a breath test. We agree with the trial court that the arresting officer misinformed defendant (an out-of-state resident) about the consequences of his refusal to submit to the test, and therefore affirm.

Officer Michael…