HOPPER v. STATE

69936.

175 Ga. App. 358 (1985)

333 S.E.2d 201

HOPPER v. THE STATE.

Court of Appeals of Georgia.

Decided July 9, 1985.


Attorney(s) appearing for the Case

Joe Perry Redd, for appellant.

Robert F. Mumford, District Attorney, William F. Todd, Jr., Assistant District Attorney, for appellee.


BEASLEY, Judge.

Defendant appeals his conviction of driving under the influence of alcohol. Held:

1. The defendant had an auto-intoximeter breath test and now contends that the trial court should have granted his motion to preserve and produce his breath sample.

The evidence of record establishes that the auto-intoximeter does not utilize a recoverable breath sample. The breath is simply blown into the machine and a reading is taken. No breath...

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