Corner v. State

Beasley, Chief Judge.

Corner was charged on August 26, 1995, with driving under the influence of alcohol, OCGA § 40-6-391 (a) (1) and (a) (4), and Aaron was similarly charged on November 5, 1995. Both challenge the trial court’s admission into evidence of the results of their Intoxilyzer 5000 breathalyzer tests on the ground that the regulations permitting the use of the machine are void. They contend the Georgia Bureau of Investigation Division of Forensic Sciences failed in 1994 to follow the Administrative Procedure Act, OCGA § 50-13-1 et seq., in amending the regulations that authorize the…