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McNELLEY v. STATE

No. S98A0294.

497 S.E.2d 235 (1998)

269 Ga. 189

McNELLEY v. The STATE.

Supreme Court of Georgia.

March 9, 1998.

Attorney(s) appearing for the Case

William C. Head, Atlanta, for John David McNelley.

Keith Clifford Martin, Solicitor, Jonesboro, for the State.

SEARS, Justice.

Appellant McNelley was arrested in Clayton County for driving under the influence, and was informed of the implied consent laws associated with DUI arrests. McNelley then consented to a breath sobriety test, which was administered twice at a local hospital. The tests revealed a bodily alcohol content of.124% and .127%, respectively. McNelley was charged with having an alcohol concentration of .10 grams or more within three hours of driving as a result...

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