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STATE v. JONES

No. A03A0741.

583 S.E.2d 139 (2003)

261 Ga. App. 357

The STATE v. JONES.

Court of Appeals of Georgia.

Certiorari Denied September 22, 2003.

Attorney(s) appearing for the Case

Gerald N. Blaney, Jr., Solicitor-General, Jeffrey P. Kwiatkowski, Gary S. Vey, Jonathan D. Aurelia, Asst. Solicitors-General, for appellant.

Mumford & Myers, Albert A. Myers, III, Conyers, for appellee.

BARNES, Judge.

The State appeals from the trial court's grant of Joshua Dale Jones' motion in limine and motion to suppress the results of his breath test. The trial court determined that the officer failed to place Jones under arrest for DUI or read him his implied consent rights at the scene and that there were no exigent circumstances to excuse the failure. After review, we reverse.

While the trial court's findings as to disputed facts in a ruling on a...

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