Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Berkow v. State

Police officer's failure to watch defendant continuously for 20 consecutive minutes prior to giving him a breath test did not make the test results inadmissible.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Oliver C. Berkow was found guilty of three counts of driving a vehicle while under the influence of alcohol: 1 driving while under the influence of alcohol to the extent that it was less safe for him to do so in violation of OCGA § 40-6-391 a 1; 2 driving while under the age of 21 while having an alcohol concentration of 0.02 or more in violation of OCGA § 40-6-391 k; and 3 driving while having an alcohol concentration of 0.10 grams or more in violation of OCGA § 40-6-391 a 5.1

The convictions were supported by evidence of a state-administered breath test which showed that, less than three hours after he was driving, Berkow had an alcohol concentration of 0.102 grams. Berkow claims that the test was not performed according to methods approved by the Division of Forensic Sciences DFS of the Georgia Bureau of Investigation GBI, as required by OCGA § 40-6-392 a 1 A, and therefore the trial court erred by denying his motion in limine to exclude the breath test results. Specifically, Berkow claims that the State failed to observe him for a period of 20 minutes prior to the test to insure that, during this time period, he did not regurgitate previously consumed alcohol, thereby contaminating the breath test by leaving alcohol residue in his mouth.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
New Jersey Legal Awards 2024
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
Credit Union Times Luminaries Awards 2024
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More
Go to Events Go to Webcasts
Seattle, WA- Corporate Associate

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›
Technology Attorney (Remote)

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›
Litigation Associate

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›
Go to Lawjobs