State v. Frost

Blackwell, Justice.

This case concerns the meaning of paragraph (a) (1) of OCGA § 24-4-417 (“Rule 417”), which provides:

In a criminal proceeding involving a prosecution for a violation of Code Section 40-6-391, evidence of the commission of another violation of Code Section 40-6-391 on a differ ent occasion by the same accused shall be admissible when ... [t]he accused refused in the current case to take the state administered test required by Code Section 40-5-55 and such evidence is relevant to prove knowledge, plan, or absence of mistake or accident....

Gary Frost was charged with driving…