Duffee v. State

McMurray, Presiding Judge.

Defendant was convicted of driving under the influence and improper lane change and this appeal followed. Held:

1. In his first enumeration of error, defendant contends the trial court erred in denying his “motion to suppress” the results of a breathalyzer test. In this regard, defendant alleges he was denied his *248right to an additional test performed by a person of his own choosing in accordance with OCGA § 40-6-392 (a) (3). We disagree.

Decided September 17, 1987. C. Arthur Moss, Jr., for appellant. John T. Newton, Jr., Solicitor, for appellee.

“Before the duty of the…