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STATE v. FOSTER

No. A02A0848.

566 S.E.2d 418 (2002)

255 Ga. App. 704

The STATE v. FOSTER.

Court of Appeals of Georgia.

June 10, 2002.

Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor-Gen., Emilien O. Loiselle, Jr., Jeffrey P. Kwiatkowski, Asst. Solicitors-Gen., for appellant.

Mickey G. Roberts, Duluth, for appellee.

BLACKBURN, Chief Judge.

In this DUI prosecution, the State appeals the trial court's grant of Michael Foster's motion to suppress the results of certain field sobriety tests, contending that Foster was not under arrest at the time the tests were administered and, as such, was not entitled to be read his Miranda1 rights beforehand. For the reasons set forth below, we reverse.

On appeal from a denial of a motion to suppress...

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