Legal Opinion

Cawthon v. State

Court of Appeals of Georgia

Decided December 16, 1998No. A98A2200PublishedCited by 4 opinions

1Opinion of the Court

Andrews, Chief Judge.

William Cawthon appeals from the verdict entered after a jury found him guilty of driving under the influence. Because we find no reversible error, we affirm the judgment of the trial court.

1. In his first enumeration of error, Cawthon claims the trial court erred in refusing to quash the “per se” count of DUI when the evidence at trial showed the Intoxilyzer 5000 used had a margin of error of 0.01 grams. This issue has already been decided adversely to Cawthon. A breathalyzer machine’s margin of error relates to the weight given to the test results rather than to their…

2Cases cited9 opinions

  1. Robinson v. StateSupreme Court of Georgia · 1991
  2. Lattarulo v. StateSupreme Court of Georgia · 1991
  3. Mims v. StateSupreme Court of Georgia · 1994
  4. Stubbs v. StateSupreme Court of Georgia · 1995
  5. Yarn v. StateSupreme Court of Georgia · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Totino v. StateCourt of Appeals of Georgia · 2004
  2. Bagwell v. StateCourt of Appeals of Georgia · 2001
  3. Johnson v. StateCourt of Appeals of Georgia · 2001
  4. Commonwealth v. DavisKentucky Supreme Court · 2000

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