Smitherman v. State

Banke, Judge.

Appellant was convicted of illegally driving on the sidewalk and of driving under the influence of alcohol. The sole question presented on appeal is whether the trial court erred in overruling his motion to suppress the results of a breath test. Held:

In State v. Baker, 146 Ga. App. 608 (247 SE2d 160) (1978), we held that the state is required to produce either a properly authenticated record that the photo-electric intoximeter (or breath analyzer) was of a design specifically approved by the Director of the State Crime Laboratory or the testimony of the director himself to that…