Harris v. State

Banke, Presiding Judge.

The appellant was convicted in probate court of the offense of driving with an alcohol concentration of .12 grams or more, in violation of OCGA § 40-6-391 (a) (4). He appealed to superior court, which, pursuant to OCGA § 40-13-28, made a “de novo” determination, based on a review of the record certified from the probate court, that the appellant was guilty of the offense. This appeal followed. Held:

1. The appellant contends that “[t]he trial court erred in overruling [his] motion to dismiss and plea in bar because OCGA § 40-6-391, as amended by subsection (b), thereof…