Gordon v. State

Beasley, Judge.

Defendant appeals his conviction of driving under the influence of alcohol. His sole enumeration of error is that the trial court erred in admitting the results of an intoximeter test in violation of OCGA § 40-6-392 (a) (3)i That code section authorizes an accused to obtain a test in addition to any administered at the direction of a law enforcement officer. It further provides: “The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.”

Coupled…