Eppinger v. State

McMurray, Presiding Judge.

Defendant was tried before a judge of the Probate Court of Up-son County, Georgia, and found guilty of violating OCGA § 40-6-391 (a) (4) (driving with a blood alcohol concentration of 0.12 grams or more). Defendant filed an appeal to the superior court and the superior court entered an order which provides, in pertinent part, as follows: “This Court conducted, pursuant to O.C.G.A. [§] 40-13-28, a ‘de novo proceeding’ for the limited purpose of making a new determination as to the guilt or innocence of the [defendant]. A review of the certified record from the Probate…