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STATE v. KACHWALLA

No. S01A1405.

561 S.E.2d 403 (2002)

274 Ga. 886

The STATE v. KACHWALLA.

Supreme Court of Georgia.

March 25, 2002.

Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor-General, Stephen A. Fern, Gary S. Vey, Carole C. Korn, Jeffrey P. Kwiatkowski, Emilien O. Loiselle, Jr., Jonathan D. Aurelia, Sharon C. Dickson, Asst. Solicitors-Gen., for appellant.

Clark & Towne, David E. Clark, Jessica R. Towne, Richard T. Ryczek, Jr., Wystan B. Getz, Christine A. Koehler, Lawrenceville, for appellee.

Christopher S. Brasher, Asst. Atty. Gen., amicus curiae.

BENHAM, Justice.

A police officer issued a uniform traffic citation charging appellee Kaemptah Kachwalla with driving under the influence of drugs to the extent he was a less safe driver. OCGA § 40-6-391(a)(2). Appellee filed a demurrer in which he contended, among other things, that OCGA § 40-6-391(a)(2) is an unconstitutional violation of the equal protection clauses of the state and federal constitutions. Relying on our decision in Love v. State,<...

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