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STATE v. BECK

No. S02A0673.

572 S.E.2d 626 (2002)

275 Ga. 688

The STATE v. BECK.

Supreme Court of Georgia.

November 12, 2002.

Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor-General, Gary S. Vey, Asst. Solicitor-General, for appellant.

Clark & Towne, Wystan B. Getz, Lawrenceville, for appellee.

HINES, Justice.

The State appeals from the grant of Beck's general demurrer challenging the constitutionality of OCGA § 40-6-391(a)(2). See OCGA § 5-7-1(a)(1). We reverse.

Beck was arrested for driving under the influence of drugs and possession of marijuana. OCGA §§ 40-6-391(a)(2) and 16-13-2. He filed a general demurrer challenging the constitutionality of OCGA § 40-6-391(a)(2), arguing that in light of this Court's decision in ...

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