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PEEK v. STATE

No. A98A1510.

509 S.E.2d 358 (1998)

235 Ga. App. 693

PEEK v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied December 8, 1998.

Attorney(s) appearing for the Case

Monte K. Davis, Atlanta, George A. Stein, for appellant

Keith C. Martin, Solicitor, Kimberly A. Gross, Assistant Solicitor, for appellee.

BEASLEY, Judge.

Counts 1 and 2 of an accusation charged Peek with violations of OCGA§ 40-6-391(a)(1) (DUI to the extent that it is less safe to drive) and OCGA § 40-6-391(a)(5) (driving with a blood-alcohol concentration of 0.10 grams or more). The jury found Peek guilty of both counts. Judgment of conviction and sentence was entered on Count 1.

On the evening of August 4, 1995, Clayton County police officer Hammer initiated a traffic stop after...

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