Brantley v. State

Sognier, Chief Judge.

Daniel Brantley was convicted of DUI, and he appeals from the judgment and sentence entered thereon.

1. Appellant contends that reversal is mandated because the State purposefully destroyed exculpatory evidence. We do not agree with appellant that the State’s conduct requires reversal. Appellant was charged with violating OCGA § 40-5-55 (implied consent to chemical tests) by refusing to submit to a breath alcohol test. This charge was dismissed after the arresting officer testified at an administrative license suspension hearing that he could not remember the circumstances…