Simms v. State

Birdsong, Presiding Judge.

Appellant David M. Simms appeals his conviction of DUI. He ■ enumerates as error that the trial court allowed the arresting officer to testify about alco-sensor chemical test results in violation of OCGA § 40-6-392 (a) (1) (A) and evidence sufficiency.

Prior to trial appellant renewed a motion to exclude the results of an Intoxilizer 5000; he also generally raised the included issue of inadmissibility of alco-sensor test results, stating that his grounds were “foundational.” Appellant stated he could raise this issue at the hearing or “do it at trial.” The trial court…