Shoemake v. State

Barnes, Judge.

A jury found Dave Shoemake guilty of following too closely (OCGA § 40-6-49 (a)) and two counts of driving under the influence (OCGA § 40-6-391 (a) (1) and (5)). Shoemake appeals, contending the trial court erred by denying his motion to suppress the results of a blood test because the State destroyed his blood sample before he could independently test it and he was not given implied consent warnings at the time of his arrest. Shoemake also asserts insufficient evidence supports his conviction because the trooper who arrested him did not see him drive and the State failed to…