FLENIKEN v. STATE

No. A01A1382.

554 S.E.2d 280 (2001)

251 Ga. App. 304

FLENIKEN v. The STATE.

Court of Appeals of Georgia.

August 21, 2001.


Attorney(s) appearing for the Case

McDonald & Cody, Douglas W. McDonald, Jr., Cornelia, for appellant.

Ralph W. Powell, Jr., Solicitor-General, Carroll R. Chisholm, Jr., Kevin D. Gonzalez, Asst. Solicitors-General, for appellee.


MIKELL, Judge.

Lewis Fleniken was charged with driving with an unlawful alcohol concentration, underage possession of alcohol, and driving the wrong way on a one-way street. During his jury trial, Fleniken moved for a mistrial after the arresting officer testified that he asked Fleniken if he would take an alco-sensor test. After a hearing outside of the jury's presence, the trial court granted Fleniken's motion because there was no evidence that the type of alco...

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