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Garland v. State

The arresting officer's understatement of the legal blood alcohol limit while administering an alco-sensor test did not change the substance of the informed consent warning.

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A jury found Kevin Brett Garland guilty of driving under the influence with an unlawful alcohol concentration and speeding.1 Garland appeals, asserting that the trial court erred in failing to grant a continuance, in making several evidentiary rulings, and in limiting his closing argument. For reasons that follow, we affirm.

Viewed in favor of the jury’s verdict, the evidence at trial showed that Officer J. W. Moody stopped Garland, who was driving over 85 miles per hour in a 65 mile per hour zone. After approaching Garland’s car, Moody smelled alcohol on his breath. Upon questioning, Garland told Moody that he had consumed two beers that evening. As part of his field sobriety evaluation, Moody administered an alco-sensor test on Garland’s breath, which tested positive for alcohol.

 
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