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Miller v. State, A10A2269, February 2, 2011: Renew your objection to an expert after voir dire

Cherokee DUI Appeal
In Miller v. State, A10A2269, Cherokee County DUI jury trial appeal, February 2, 2011:  A Cherokee County jury convicted Kenneth Miller of DUI.  Mr. Miller’s DUI attorney appealed the verdict from Canton, Georgia. He asserts as an appeal that a DUI police officer impermissibly testified to his opinion about whether Mr. Miller was impaired because of his diabetic condition and the diabetic condition’s effect on the State alcohol breath test on the Intoxilyzer 5000.

The DUI defense attorney objected and the DUI court trial judge allowed the DUI lawyer to “voir dire” the police officer about his credentials regarding DUIs and diabetes.  However, the Attorney did not renew his objection after the questioning of the DUI police officer and therefore waived his objection.  Remember to renew your objection to an expert after questioning him on his credentials.

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