Avery v. State

Adams, Judge.

Following a traffic stop, appellant Jesse Trotter Avery was charged with per se DUI pursuant to OCGA § 40-6-391 (a) (5), failure to maintain lane, and driving with a suspended license. Avery filed a motion in limine and to suppress arguing, inter alia, that the results of the Intoxilyzer 5000 should be excluded because the State did not comply with his request for additional testing. Avery also filed a special demurrer to the driving on a suspended license charge, and the prosecutor agreed that charge should be dismissed. After his motion to suppress and motion in limine were…