Fleniken v. State

Mikell, Judge.

Lewis Fleniken was charged with driving with an unlawful alcohol concentration, underage possession of alcohol, and driving the wrong way on a one-way street. During his jury trial, Fleniken moved for a mistrial after the arresting officer testified that he asked Fleniken if he would take an alco-sensor test. After a hearing outside of the jury’s presence, the trial court granted Fleniken’s motion because there was no evidence that the type of alco-sensor device utilized by the officer was approved for use in Georgia. Fleniken filed a plea in bar arguing that the state goaded…