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STATE v. NAIK

No. A02A2074.

577 S.E.2d 812 (2003)

259 Ga. App. 603

The STATE v. NAIK.

Court of Appeals of Georgia.

Reconsideration Denied February 12, 2003.

Attorney(s) appearing for the Case

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

Charles T. Magarahan, Atlanta, for appellee.

ELLINGTON, Judge.

The State Court of Gwinnett County granted Piyush Naik's motion to suppress breath test results, finding the State failed to prove the chemical test of Naik's breath was "performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation," as required by OCGA § 40-6-392(a)(1)(A). Pursuant to OCGA § 5-7-1(a)(4), the State appeals, contending the trial court erred in construing OCGA §...

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