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AYERS v. CITY OF ATLANTA

No. A96A0457.

471 S.E.2d 240 (1996)

221 Ga. App. 381

AYERS v. CITY OF ATLANTA.

Court of Appeals of Georgia.

Reconsideration Denied May 13, 1996.

Certiorari Denied September 5, 1996.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Eric D. Hearn, Bentley C. Adams III, Zebulon, for appellant.

Louise T. Hornsby, Sol., Franklin H. Davidson, Atlanta, for appellee.

RUFFIN, Judge.

John C. Ayers, Jr. was driving home from an Atlanta restaurant when a state trooper stopped him for a traffic violation after 11:00 p.m. on May 11, 1993. He failed roadside sobriety tests, registered .15 on the Intoximeter 3000, and was charged with DUI per se (OCGA § 40-6-391(a)(4)), and less safe to drive (OCGA § 40-6-391(a)(1)). An Atlanta city court jury acquitted him of the per se charge, but after receiving testimony from the trooper...

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