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STATE v. ELLISON

No. A04A2268.

611 S.E.2d 129 (2005)

271 Ga. App. 898

The STATE v. ELLISON.

Court of Appeals of Georgia.

March 3, 2005.

Attorney(s) appearing for the Case

Gary Vey, Rosanna Szabo, Jeffrey Kwiatkowski, Assistant Solicitors-General, Gerald Blaney, Solicitor-General, for Appellant.

Steven Ward, Jeremy Citron, Atlanta, for Appellee.

MIKELL, Judge.

After being charged with driving under the influence of alcohol in violation of OCGA § 40-6-391(a)(1) (less safe) and OCGA § 40-6-391(a)(5) (per se), James Ellison moved to suppress the results of a breath test because the officer lacked probable cause to arrest him and request such a test. After holding an evidentiary hearing in which only the arresting officer testified, the trial court granted Ellison's motion to suppress. The state appeals...

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