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Yarbrough v. State

Defendant's blood test results were admissible since it is unlikely that his consent resulted from officer's misreading the implied consent warning to state that a blood-alcohol level of 0.010 was illegal.

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Joey Yarbrough was convicted of violation of duty upon striking a fixture, driving under the influence of alcohol to the extent it was less safe to drive, and driving while having an alcohol concentration of .10 grams or more. He appeals, challenging the admission of his blood-alcohol test results and a statement he made to the arresting officer, the trial court’s denial of his motion for mistrial and restriction of his cross-examination of the arresting officer, the sufficiency of the evidence to support denial of his motion for directed verdict and the jury’s verdict. We find no merit in any assertion of error and affirm Yarbrough’s conviction.

In the early morning hours of July 9, 1995, a pickup truck traveling south on State Highway 11 between Athens and Social Circle, apparently failed to negotiate a curve, went off the right side of the road, hit a guard rail, careened back across the road, traveled 450 feet down an embankment, and crashed into a wood four-by-four fence. At 5:50 am, Yarbrough was treated at Newton General Hospital. He had lacerations, abrasions and bruises. He told the attending nurse, Patty Boswell, that he had been injured in an accident involving his truck and that he was riding in the passenger seat when the accident occurred.

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