Mortimer v. State

McMurray, Presiding Judge.

Defendant appeals his conviction of driving while under the in*680fluence of alcohol and driving on the left side of the road in violation of OCGA § 40-6-40 (a). Held:

1. Upon the close of the State’s evidence defendant made his motion “to dismiss.” Defendant’s motion was predicated upon the contention that there was no probable cause for defendant’s arrest. We note that there was no objection at trial to the admission of any evidence (such as intoximeter results) acquired by the State due to the arrest. The defendant’s motion is predicated solely upon his allegation that…