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McCANN v. STATE

66203.

167 Ga. App. 368 (1983)

306 S.E.2d 681

McCANN v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 8, 1983.

Attorney(s) appearing for the Case

Howard Tate Scott, for appellant.

Ken Stula, Solicitor, for appellee.

BIRDSONG, Judge.

William B. McCann was convicted of speeding and driving under the influence of alcohol. The only evidence offered by the state showed that McCann was detected by radar speeding approximately 60 mph in a 45 mph zone. Upon being stopped, the officer detected the odor of alcohol upon McCann's breath and secured McCann's consent to take a breatholizer test, which indicated an alcohol level of .11. Apparently it was upon the basis of the speed, odor of...

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