STONE v. STATE

S92A1476.

262 Ga. 687 (1993)

424 S.E.2d 787

STONE v. THE STATE.

Supreme Court of Georgia.

Decided January 22, 1993.


Attorney(s) appearing for the Case

William K. Blackstone, for appellant.

Nathan B. Deaton, for appellee.


HUNSTEIN, Justice.

Stone was convicted of driving under the influence of alcohol. In this appeal from the denial of his motion for new trial, he complains that the trial court erred in charging OCGA § 40-6-392 (a) (3) because that statute is burden-shifting and further, is unconstitutional insofar as it deprives an indigent person, who has been charged with DUI, a second chemical test at the state's expense.

The appellant was stopped by Officer Lee on...

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