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State v. Baker

The State v. Baker

State v. Baker, 247 S.E.2d 160 (Ga. Ct. App. 1978)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 23, 1978
Docket
No. 55665
Judges
Banke, Been, Smith
Citations
247 S.E.2d 160146 Ga. App. 6081978 Ga. App. LEXIS 2475
Cited by 11

Opinion — Banke

Banke, Judge.

The defendant is accused of driving under the influence of alcohol. The state appeals the grant of her motion to suppress evidence of a breath test which had been administered to her to determine her blood-alcohol content. The trial court granted the motion because the state could not produce admissible evidence that the testing device used, a photo-electric intoximeter, had been approved by the state crime laboratory.

We affirm. Although Code § 68A-902.1, which governs the administration of blood-alcohol tests, does not contain any requirement that breath analysis equipment be approved by the state crime laboratory, such a requirement is created by Rule 570-9-.06 (6) of the Rules of the Department of Public Safety, as reported in the Official Compilation of the Rules and Regulations of the State of Georgia, Vol. VI. That regulation provides in pertinent part, as follows: "All breath tests other than the original screening test will be conducted on a photo-electric intoximeter or breath analyzer of a design specifically approved by the Director, State Crime *609 Laboratory.”

Argued April 3, 1978 Decided June 23, 1978 Rehearing denied July 10, 1978 Hinson MeAuliffe, Solicitor, Frank A. Bowers, R. L. O’Brien, Jr., Assistant Solicitors, for appellant.

James B. Pilcher, for appellee.

The police officer who testified for the state regarding the administration of the test was not competent to state whether the director of the state crime laboratory had approved the design of the machine in question. Proof of that fact would require either a properly authenticated record to that effect or the testimony of the director himself. Since no such evidence was available, the trial court was correct in suppressing the test results.

Judgment affirmed.

Been, P. J., and Smith, J., concur.

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How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1979: 11980: 21981: 21982: 21983: 11985: 11996: 11997: 119792026peak 1980 · 2

Relies on it most ⓘ

  1. State v. Johnston286 S.E.2d 47 (Ga. Ct. App. 1981)
  2. Bailey v. State494 S.E.2d 672 (Ga. Ct. App. 1997)
  3. Brady v. State258 S.E.2d 914 (Ga. Ct. App. 1979)
  4. Willoughby v. State265 S.E.2d 352 (Ga. Ct. App. 1980)
  5. State v. Johnston291 S.E.2d 543 (Ga. 1982)
  6. Corner v. State477 S.E.2d 593 (Ga. Ct. App. 1996)

Most recent

  1. Bailey v. State494 S.E.2d 672 (Ga. Ct. App. 1997)
  2. Corner v. State477 S.E.2d 593 (Ga. Ct. App. 1996)
  3. Rielli v. State330 S.E.2d 104 (Ga. Ct. App. 1985)
  4. Stewart v. State299 S.E.2d 134 (Ga. Ct. App. 1983)
  5. Strickland v. State297 S.E.2d 491 (Ga. Ct. App. 1982)
  6. State v. Johnston291 S.E.2d 543 (Ga. 1982)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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