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YEARY v. STATE

No. S10G1085.

711 S.E.2d 694 (2011)

289 Ga. 394

YEARY v. The STATE.

Supreme Court of Georgia.

June 20, 2011.

Attorney(s) appearing for the Case

Head, Thomas, Webb & Willis, Gregory Allen Willis, Atlanta, for appellant.

Rosanna M. Szabo, Solicitor-General, Richard Carter Armond, Joelle M. Nazaire, Assistant Solicitors-General, for appellee.

Charles Callison Olson, Tasha Monique Mosley, amici curiae.

BENHAM, Justice.

After the trial court denied her motion to obtain evidence possessed by a Kentucky corporation by means of the Uniform Act to Secure the Attendance of Witnesses from Without the State, OCGA § 24-10-90 et seq. ("Uniform Act"), appellant Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her blood alcohol concentration as 0.179 grams, a result over the legal limit...

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