Legal Opinion

Whittaker v. State

Court of Appeals of Georgia

Decided April 12, 2006No. A06A0187; A06A0189; A06A0405PublishedCited by 1 opinion

1Opinion of the Court

ANDREWS, Presiding Judge.

These three cases involve breath tests for driving under the influence (DUI) and hunting under the influence administered in Carroll County. The defendants argue that the trial court erred when it denied their motions in limine to exclude the breath test results. We find no error and affirm.

After they were charged with DUI in Carroll County, Patrick Whittaker and Jacklynn Green filed motions in limine to exclude results generated by the county’s Intoxilyzer 5000 breath test machines. The trial court denied each of the motions. Whittaker was found guilty under OCGA §…

2Cases cited5 opinions

  1. Gutierrez v. StateCourt of Appeals of Georgia · 1997
  2. Banks v. StateCourt of Appeals of Georgia · 1998
  3. Dougherty v. StateCourt of Appeals of Georgia · 2003
  4. Bagwell v. StateCourt of Appeals of Georgia · 2001
  5. Scara v. StateCourt of Appeals of Georgia · 2003

3Cited by1 opinion

  1. Stewart v. StateCourt of Appeals of Georgia · 2006

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