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STATE v. TUTEN

No. A96A2042.

478 S.E.2d 138 (1996)

223 Ga. App. 475

STATE of Georgia v. TUTEN.

Court of Appeals of Georgia.

Reconsideration Denied November 6, 1996.

Certiorari Denied February 28, 1997.

Attorney(s) appearing for the Case

Ralph T. Bowden, Jr., Solicitor, Noah H. Pines, W. Cliff Howard, Assistant Solicitors, for appellant.

Kimberly A. Dymecki, Atlanta, for appellee.

JOHNSON, Judge.

Pursuant to OCGA § 5-7-1(a)(4), the State of Georgia appeals the grant of Alton Tuten's motion to suppress the results of a blood-alcohol test performed on an Intoxilyzer 5000 machine. The sole error enumerated in this appeal is that the trial court erred by granting the motion to suppress on the grounds that the machine had not been approved by the Georgia Bureau of Investigation, Division of Forensic Sciences, in accordance with the Administrative...

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