STATE v. BERKY

A94A0326.

214 Ga. App. 174 (1994)

THE STATE v. BERKY.

Court of Appeals of Georgia.

Reconsideration Denied July 28, 1994.


Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor, Richard E. Thomas, Assistant Solicitor, for appellant.

Russell T. Bryant, for appellee.


BLACKBURN, Judge.

Peter Berky, appellee, was charged with driving under the influence, driving with an unlawful alcohol concentration, speeding, and improper lane change. Upon Berky's motion to exclude a videotape purporting to show his commission of the alleged offenses, the trial court dismissed the action. The State was unable to lay the foundation for admission of the videotape as the arresting officer was killed in an unrelated incident after Berky's arrest....

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