Baker v. State

Mikell, Judge.

After a jury trial, Chris Baker was convicted of driving under the influence of alcohol to the extent that he was a less safe driver.1 Baker appeals his conviction, arguing that the trial court improperly denied his motion in limine to exclude evidence gathered from a roadblock, erroneously admitted his alco-sensor test results, and incorrectly charged the jury on the horizontal gaze nystagmus (“HGN”) evaluation. We reverse.

On appeal, “this court views the evidence in the light most favorable to support the verdict, and an appellant no longer enjoys a presumption of innocence.”…