STATE v. JOHNSTON

38151.

249 Ga. 413 (1982)

291 S.E.2d 543

THE STATE v. JOHNSTON.

Supreme Court of Georgia.

Decided May 25, 1982.


Attorney(s) appearing for the Case

Herbert A. Rivers, Solicitor, Charles S. Hunter, Assistant Solicitor, for appellant.

Hinson McAuliffe, Paul C. McCommon II, amicus curiae.

Melvin S. Nash, for appellee.


SMITH, Justice.

Johnston was arrested on DUI charges. He thereafter filed a written motion to suppress pursuant to Code Ann. § 27-313 alleging that: 1) The arresting officer did not advise Johnston of his right to have additional blood alcohol tests of his own choosing as required by Code Ann. § 68A-902.1 (a)(4); 2) The breath test given to Johnston was not conducted by a qualified operator; 3) The device used had not been specifically approved by the Department...

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