Nasser v. State

OPINION UPON REHEARING 1

SULLIVAN, Judge.

Jeffrey Nasser (Nasser) appeals his conviction of operating a vehicle with .10 percent or more aleohol in his blood (OVBAC .10%), a class C misdemeanor. 2

We affirm.

Nasser raises two issues for our review upon this rehearing:(1) whether the trial court erred in admitting the result of an Intoxilyzer 5000 breath test; and(2) whether the trial court erred in refusing to permit Nasser to cross-examine the investigating police officer regarding the pharmacology of alcohol absorption.

The facts most favorable to the judgment reveal that in the early morning…