Eberly v. State

Eldridge, Judge.

A Glynn County jury found John Paul Eberly guilty of driving under the influence of alcohol — less safe driver — and a violation of OCGA § 40-6-272 regarding his duty upon striking a fixed object. Eberly appeals the conviction.

In his sole enumeration of error, Eberly challenges the trial court’s denial of his motion to suppress his refusal to take a State-administered chemical test. In support thereof, Eberly contends that the arresting officer’s incorrect reading of the implied consent notice, OCGA § 40-5-67.1 (b) (2), changed the substance of such notice and misadvised…