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COLE v. STATE

No. A03A0946.

587 S.E.2d 314 (2003)

263 Ga. App. 222

COLE v. The STATE.

Court of Appeals of Georgia.

September 16, 2003.

Attorney(s) appearing for the Case

Daniel K. Franck, Robins, for appellant.

A. Robert Tawse, Jr., Solicitor-General, Arthur J. Creque, Assistant Solicitor-General, for appellee.

RUFFIN, Presiding Judge.

On July 9, 2002, the State charged Don Cole with driving under the influence of alcohol. Cole subsequently moved to suppress the results of his intoximeter test, arguing that the arresting officer failed to provide an independent blood test under OCGA § 40-6-392(a)(3) and that the arresting officer failed to use reasonable efforts to ensure that Cole's blood was both drawn and tested. The trial court denied Cole's motion, and we granted...

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