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STATE v. HOWARD

No. A06A2365.

641 S.E.2d 225 (2007)

The STATE v. HOWARD.

Court of Appeals of Georgia.

January 8, 2007.

Attorney(s) appearing for the Case

Shawn E. LaGrua, Solicitor-General, M. Paul Reynolds, Alvera A. Wheeler, Assistant Solicitors-General, for appellant.

Amy Ferguson, Atlanta, for appellee.

MIKELL, Judge.

After Kevin Howard was arrested for driving under the influence of alcohol, he filed a motion in limine to suppress the results of the state-administered breath test, contending that he was not given an opportunity to take an independent blood test in accordance with OCGA § 40-6-392(a)(3). The trial court granted his motion, and the state appeals. We find no error and affirm.

Under OCGA § 40-6-392(a)(3),

a person who undergoes...

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