Richards v. State

Sears, Justice.

This Court granted certiorari to consider the Court of Appeals’s ruling that, although the trial court erred in denying the motion in hmine filed by the appellant, Brian Richards, to suppress the results of his breath tests, the error was harmless because Richards stipulated to his guilt under OCGA § 40-6-391 (a) (4). For the reasons that follow, we conclude that the Court of Appeals erred in reaching this conclusion, and that we must reverse Richards’s conviction.

Richards was tried and convicted under OCGA § 40-6-391 (a) (4) (now OCGA § 40-6-391 (a) (5)) of having a…