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GOETHE v. STATE

No. A08A1555.

668 S.E.2d 859 (2008)

GOETHE v. The STATE.

Court of Appeals of Georgia.

October 24, 2008.

Attorney(s) appearing for the Case

Billy L. Spruell, Atlanta, Melinda Davis Taylor, Marietta, for Appellant.

Robert D. James, Jr., Solicitor-General, Angelique B. McClendon, Asst. Solicitor-General, for Appellee.

BARNES, Chief Judge.

Jeremy Goethe appeals from his conviction of speeding and driving with an alcohol concentration greater than 0.08 grams (OCGA § 40-6-391(a)(5)). Goethe contends the trial court erred in charging the jury with part of OCGA § 40-6-392(a)(1), which deals with the foundational requirements for the admissibility of scientific evidence in DUI cases, and by charging the jury that breath-alcohol measuring equipment approved by the State Crime...

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