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SHOEMAKE v. STATE

No. A03A1717.

596 S.E.2d 805 (2004)

266 Ga. App. 342

SHOEMAKE v. The STATE.

Court of Appeals of Georgia.

March 18, 2004.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Eric D. Hearn, Larkin M. Lee, T. Robert Perkerson, Ronald J. Ellington, Alvah H. Pasley, Zebulon, for Appellant.

S. James Tuggle, Solicitor-General, for appellee.

BARNES, Judge.

A jury found Dave Shoemake guilty of following too closely (OCGA § 40-6-49(a)) and two counts of driving under the influence (OCGA § 40-6-391(a)(1) and (5)). Shoemake appeals, contending the trial court erred by denying his motion to suppress the results of a blood test because the State destroyed his blood sample before he could independently test it and he was not given implied consent warnings at the time of his arrest. Shoemake also asserts...

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