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POPE, Judge.
D.U.I. Floyd Superior Court. Before Judge Frazier.
Jerry A. Looney brings this appeal from his conviction and sentence of driving under the influence of alcohol. Held:
1. Appellant's first enumeration of error challenges the trial court's ruling which allowed the playing of a video tape recording (without sound) of appellant while he was being given a breath test for alcohol following his arrest. Appellant timely filed a motion for discovery of his in-custody statements pursuant to OCGA 17-7-210. The State failed to respond to this request. As a result, the audio portion of the video tape of appellant was excluded from trial upon appellant's objection; however, the video portion of the tape was played for the jury. Appellant objects on appeal to any use of the video tape at trial.
A video tape recording is made by recording audio and video signals on magnetic tape. Webster's Third New Intl. Dictionary, at p. 2551. The advantages of such a recording are obvious, allowing the jury an opportunity to observe a subject's demeanor at the same time they hear his words. Nevertheless, the audio and video components of such a recording can be played separately, one without the other.
2. Appellant's remaining enumeration cites as error the trial court's allowing certain testimony in evidence concerning the breath test given him following his arrest. The test was ultimately unsuccessful due to appellant's inability to provide a sufficient sample to be tested. The evidence here complained of was the testimony of the intoximeter operator relating to the steps she took to prepare the breath-testing device for the test to be conducted on appellant's breath. Appellant objected to this testimony on the ground that the State failed to provide him a copy of the scientific "report" following his timely request for same under OCGA 17-7-211. However, it affirmatively appears from the record on appeal that no results from the breath test were achieved, and that the evidence objected to was derived from the operator's "working notes." Under these circumstances, the trial court did not err in admitting the challenged testimony. See Johnson v. State, 174 Ga. App. 579 (330 SE2d 791) (1985).
Appellant also contends that the State failed to lay a proper foundation for the testimony relating to the intoximeter because the State failed to show that the breath-testing device utilized here had been approved by the Department of Public Safety. However, the record discloses no objection on this ground at trial, and we will not consider an issue raised for the first time on appeal.
Stephen F. Lanier, District Attorney, Fred R. Simpson, Assistant District Attorney, for appellee.
Charles G. Price, for appellant.
Thursday May 21 15:20 EDT

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