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STATE v. MALLORY

72409.

180 Ga. App. 815 (1986)

350 S.E.2d 823

THE STATE v. MALLORY.

Court of Appeals of Georgia.

Decided November 13, 1986.

Attorney(s) appearing for the Case

Ralph T. Bowden, Jr., Solicitor, William C. Akins, Assistant Solicitor, for appellant.

David M. Fuller, for appellee.

BEASLEY, Judge.

The state appeals the grant of defendant's amended motion to suppress1 the results of the state-administered breath test in his trial on the charge of driving under the influence of alcohol. OCGA § 40-6-391.

After two evidentiary hearings at which the arresting officer, the intoximeter operator, and defendant testified, the court granted the motion to exclude the test results from evidence. This was based on...

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