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STATE v. RACKOFF

No. A03A2455.

591 S.E.2d 379 (2003)

264 Ga. App. 506

The STATE v. RACKOFF.

Court of Appeals of Georgia.

Reconsideration Denied December 2, 2003.

Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor-General, Jeffrey P. Kwiatkowski, Gary S. Vey, Jennifer L. White, Assistant Solicitors-General, for appellant.

Chestney-Hawkins Law Firm, Robert W. Chestney, Atlanta, for appellee.

ELLINGTON, Judge.

The State Court of Gwinnett County granted Stewart Daniel Rackoff's motion to suppress the results of an Intoxilyzer 5000 breath alcohol test in this prosecution for driving under the influence. The trial court granted the motion because the Intoxilyzer machine was taken out of service five days after the breath test and the State presented no evidence that it had been successfully used "after the test performed on the defendant." Pursuant to OCGA...

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