Gallimore v. State

Phipps, Judge.

Following denial of his motion for new trial, Elvin Gallimore appeals his conviction of driving under the influence of alcohol to the extent that he was a less safe driver. Consistent with Georgia law, the trial court charged the jury that defendant’s refusal to permit a chemical analysis of his blood at the time of his arrest gave rise to a rebuttable inference that the test would show the presence of alcohol or some other prohibited substance.1 The issues raised by Gallimore are whether there is probative evidence that he refused to submit to testing and whether there is…