State v. Buice

Banke, Chief Judge.

The state appeals the grant of the defendant’s motion to suppress the results of an intoximeter test as evidence in his prosecution for driving under the influence.

The defendant was stopped by Sergeant Link of the DeKalb County Police Department, who had observed his vehicle weaving across the road. Within a very short period of time, perhaps less than a minute, Officer Watson, also of the DeKalb County Police Department, arrived on the scene and, very shortly thereafter, informed the defendant of his “implied consent” rights pursuant to OCGA § 40-6-392 (a) (3). The trial…