STATE v. GERACE

A93A1901.

210 Ga. App. 874 (1993)

437 S.E.2d 862

THE STATE v. GERACE.

Court of Appeals of Georgia.

Decided November 12, 1993.


Attorney(s) appearing for the Case

Harry N. Gordon, District Attorney, Jimmie E. Baggett, Jr., Richard L. Dickson, Assistant District Attorneys, for appellant.

Kardos, Warnes & McElwee, Stephen H. McElwee, for appellee.


JOHNSON, Judge.

The police arrived at the scene of a reported traffic accident and found an overturned pickup. The truck was littered with empty beer bottles and blood, but no one was in it. About a mile away, the police found Michael Gerace lying injured by the side of the road. He was taken to the hospital where the police read him his implied consent rights, and obtained consent to take a blood test pursuant to OCGA § 40-5-55.

The blood sample was...

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