Legal Opinion

Eubanks v. State

Court of Appeals of Georgia

Decided June 10, 1985No. 70248PublishedCited by 2 opinions

1Opinion of the Court

Birdsong, Presiding Judge.

Convicted of driving under the influence of alcohol, Eubanks appeals the denial of his motion in limine seeking to prohibit testimony of the officer who administered his breath test, contending that the *245officer’s training in breath analysis was not in compliance with statutory licensing requirements. Held:

1. We affirm. To be valid under OCGA § 40-6-392, chemical analysis of a person’s breath “shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation and by an individual possessing a valid…

2Cases cited3 opinions

  1. Pate v. StateCourt of Appeals of Georgia · 1976
  2. State v. ChumleyCourt of Appeals of Georgia · 1982
  3. State v. StrickmanCourt of Appeals of Georgia · 1984

3Cited by2 opinions

  1. Chadwick v. StateCourt of Appeals of Georgia · 1985
  2. State v. BlackVolusia County Court · 1988

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