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OVERTON v. STATE

No. A04A1604.

606 S.E.2d 306 (2004)

270 Ga. App. 285

OVERTON v. The STATE.

Court of Appeals of Georgia.

November 1, 2004.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, T. Perkerson, Eric D. Hearn, Larkin M. Lee, Ronald J. Ellington, for appellant.

Robert Stokely, Solicitor-General, for appellee.

BARNES, Judge.

Terry Overton appeals his convictions, after a jury trial, for driving under the influence of alcohol to the extent he was a less safe driver (OCGA § 40-6-391(a)(1)) and driving under the influence in that he drove while his alcohol concentration was 0.08 grams or more (OCGA § 40-6-391(a)(5)). He contends the trial court erred by denying his motion to exclude evidence derived from a roadblock because the prosecution failed to prove that the...

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