LUMLEY v. STATE

No. A06A0506.

633 S.E.2d 413 (2006)

LUMLEY v. The STATE.

Court of Appeals of Georgia.

June 22, 2006.


Attorney(s) appearing for the Case

Green & Green, Judson L. Green IV, Dublin, for appellant.

Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney, for appellee.


RUFFIN, Chief Judge.

Following a bench trial, Derek Lumley was found guilty of driving under the influence to the extent that his blood alcohol content exceeded the legal limit.1 In his sole enumeration of error, Lumley contends that the trial court erred in admitting into evidence a copy of the intoxilyzer report over his "best evidence" objection. For reasons that follow, we agree and thus reverse.

The transcript from the bench...

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