Nagata v. State

PHIPPS, Presiding Judge.

Wataru Nagata was convicted of two counts of driving under the influence of alcohol and of failure to maintain lane. On appeal, Nagata claims that the trial court erred by denying his motion to exclude results of tests of his breath because the arresting officer failed, in giving the implied consent notice pursuant to OCGA § 40-5-67.1, to designate the specific state-administered test or tests for which consent was being requested. Finding no merit to Nagata’s claim, we affirm.

“Inasmuch as the issue raised involves uncontroverted evidence and no questions of…