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STATE v. McCABE

No. A99A1070.

519 S.E.2d 760 (1999)

239 Ga. App. 297

The STATE v. McCABE.

Court of Appeals of Georgia.

Reconsideration Denied July 23, 1999.

Attorney(s) appearing for the Case

Gwendolyn R. Keyes, Solicitor, Yolanda K. Johnson, Thomas E. Csider, Assistant Solicitors, for appellant.

William C. Head, Atlanta, for appellee.

HAROLD R. BANKE, Senior Appellate Judge.

The State appeals the trial court's refusal to retroactively apply an amendment to the implied consent statute (OCGA § 40-5-67.1) which eliminated the requirement that the statutory language be read verbatim to a driver suspected of being impaired by drugs.

The underlying case arose on February 23, 1997, after Officer D.L. Nix observed John McCabe commit several traffic violations. Based on the officer's observations...

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