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LOWENTHAL v. STATE

No. A03A1971.

593 S.E.2d 726 (2004)

265 Ga. App. 266

LOWENTHAL v. The STATE.

Court of Appeals of Georgia.

January 23, 2004.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Larkin M. Lee, Zebulon, for appellant.

Charles A. Spahos, Solicitor-General, Jefferson F. Upchurch, Asst. Solicitor-General, for appellee.

MIKELL, Judge.

James E. Lowenthal was charged with driving under the influence ("DUI") of alcohol to the extent that he was a less safe driver, OCGA § 40-6-391(a)(1), and driving under the influence of alcohol by having an alcohol concentration of 0.08 grams or more, OCGA § 40-6-391(a)(5). A jury convicted Lowenthal of both offenses.1 He appeals, arguing that the trial court erred by admitting testimony of a prior DUI without...

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