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Harmon v. State

Defendant was not entitled to a jury charge on the presumption of innocence arising when chemical test results show a blood alcohol content of .05 or less because she refused chemical testing.

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A Spaulding County jury found Mary Lou Harmon guilty of DUI-less safe driver, which charge arose after Harmon rear-ended a car which was stopped at a red light at the corner of Hill and Taylor Streets in Griffin. Harmon appeals, claiming that 1 the results of an HGN1 test should have been suppressed since she was in custody without benefit of Miranda2 warnings at the time of the test’s administration; and 2 the trial court erred in refusing to charge the jury on the presumption of innocence that arises when chemical test results show a blood alcohol content “BAC” of .05 or less. Because the record supports the trial court’s conclusion that Harmon was not in custody at the time of the HGN test and because Harmon refused chemical testing, thereby making inferences related to BAC without factual basis, we affirm her conviction.

1. In her first claim of error, Harmon contends that trial court erred in denying her motion to suppress. In that regard,

 
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