TILLER v. STATE

71449.

176 Ga. App. 797 (1985)

338 S.E.2d 42

TILLER v. THE STATE.

Court of Appeals of Georgia.

Decided November 8, 1985.


Attorney(s) appearing for the Case

Howard Tate Scott, for appellant.

Ken Stula, Solicitor, for appellee.


BANKE, Chief Judge.

In this appeal from his conviction of driving under the influence of alcohol, the defendant enumerates as error the failure of the trial court to suppress the results of an intoximeter breath test administered to him at the time of his arrest, based on the state's failure to prove an affirmative waiver by him of his statutory right to an additional chemical test of his own choosing. Although the defendant testified to the contrary, the arresting...

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