Brunson v. State

Phipps, Judge.

A jury found Phillip M. Brunson guilty of driving with an unlawful alcohol concentration and driving under the influence of alcohol to the extent that it was less safe for him to drive. He appeals, claiming that the trial court erred by (1) denying his motion in limine to exclude the results of the State-administered breath test, which was based on his assertion that the State failed to observe him for 20 minutes prior to administering the test to ensure that the test was not tainted by residual mouth alcohol; (2) refusing to charge the jury that, in order to be considered…