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Lanwehr v. State1/30/2004
time of Lanwehr's trial, the arresting officer had over four years of law enforcement experience, had been trained in DUI detection and field sobriety testing, and had been involved in over a hundred DUI arrests. Based on his training and experience, the **900 officer was qualified to testify about the effects of alcohol consumption on the body. [FN9]
FN9. Id.
4. Lanwehr contends that the trial court erred in refusing to allow him to testify that he would have taken other field sobriety tests if the arresting officer had asked him to take them. Lanwehr argues that the court incorrectly ruled that such testimony would have been mere speculation. Even if we assume, without deciding, that such testimony would not have been speculative, Lanwehr was not harmed by the trial court's ruling because prior to that ruling he had already testified that he would have taken any field sobriety tests requested by the officer other than a breath test. [FN10] Since the disallowed testimony would have been cumulative of other testimony admitted at trial, its exclusion was harmless. [FN11]
FN10. See Taylor v. State, 272 Ga. 744, 747(2), 534 S.E.2d 67 (2000).
FN11. Marshall v. State, 275 Ga. 740, 743(5), 571 S.E.2d 761 (2002).
Judgment affirmed.
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