State v. Peters

Beasley, Presiding Judge.

The State appeals from an order granting defendant’s motion in limine, as permitted by OCGA § 5-7-1 (4). Defendant is charged by accusation with operating a motor vehicle while under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391 (a) (1), driving with a blood alcohol concentration of 0.10 grams or more, OCGA § 40-6-391 (a) (4), and driving with a suspended license, OCGA § 40-9-8.

He filed the pre-trial motion to exclude the results of a state-administered intoximeter test, on the ground that he was not properly advised of…