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ELLERBEE v. STATE

A94A1575.

215 Ga. App. 102 (1994)

ELLERBEE v. THE STATE.

Court of Appeals of Georgia.

Reconsideration Denied November 2, 1994.

Attorney(s) appearing for the Case

Virgil L. Brown & Associates, Virgil L. Brown, Eric D. Hearn, Bentley C. Adams III, for appellant.

Louise T. Hornsby, Solicitor, for appellee.

McMURRAY, Presiding Judge.

Defendant was charged via accusation with two alternative counts of driving while under the influence of alcohol. The evidence presented at a jury trial showed that Officer Jamie S. Brown of the Georgia State Patrol stopped defendant near Tenth Street and Piedmont in Atlanta, Georgia, for operating a motor vehicle at a speed "above the posted speed limit." "[I]mmediately when [Officer Brown]

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