West v. State

On October 5, 2005, an officer with the Cordele Police Department effected a traffic stop on Scottie West because his car had two burned out brake lights. While speaking with West, the officer noticed the odor of alcohol emanating from West and that West had watery eyes. The officer also noticed a can of beer in the center console, a nearly-empty bottle of liquor on the seat, and a small child sleeping in the back seat. The officer asked West if he had been drinking, and West responded that he had. West performed a series of field sobriety tests, each of which he failed, and he continually asked the officer to “cut him a break.” The officer arrested West and read him the implied consent warnings. He then requested that West take a breath test. West agreed to a breath test on the Intoxilyzer 5000. West’s first test registered a .247, and his second test registered a .257.

1. West contends the trial court erred in allowing the officer to testify concerning information in the certificates of inspection regarding the Intoxilyzer 5000. Specifically, he argues that the officer should not have been allowed to testify that since the certificates showed that the unit was in good operating order on August 10, 2005 and November 3, 2005, “it still would have been in good working condition” between those dates. However, contrary to West’s argument, the officer’s testimony was not merely a speculative conclusion, but was an opinion based on the witness’s own observations and, therefore, proper.1