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State v. Barnard

The trial court improperly excluded the results of the out-of-state defendant's Intoxilyzer breath test, since the officer read the correct implied consent notice, which notified the driver that she would lose the privilege to drive in Georgia if she refused the test.

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The state appeals from a trial court order granting Lachelle Barnard’s motion in limine to exclude the results of an Intoxilyzer 5000 breath test obtained at the time of her arrest for making an improper u-turn1 and driving under the influence.2 The state contends that the trial court erred in excluding the Intoxilyzer test results on the basis of its finding that the arresting officer had informed Barnard that her out-of-state license would be suspended if she did not submit to the state-administered breath test, and its finding that the officer did not read the correct implied consent notice to Barnard. Because we find no substantial basis for the trial court’s ruling, we reverse.

“Where the evidence at a hearing on a motion in limine is uncontroverted, and no issue exists regarding the credibility of witnesses, we review the trial court’s ruling to ensure that there was a substantial basis for it. The trial court’s application of the law to the undisputed facts is subject to de novo review.”3

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