MARTIN v. STATE

No. A95A0989.

460 S.E.2d 92 (1995)

217 Ga. App. 860

MARTIN v. The STATE.

Court of Appeals of Georgia.

Certiorari Granted October 20, 1995.


Attorney(s) appearing for the Case

J. Michael Mullis, Athens, for appellant.

Keith C. Martin, Sol., for appellee.


BLACKBURN, Judge.

On reconsideration, the opinion rendered July 7, 1995, is vacated, and the following is substituted therefor.

The appellant, Michael DeWayne Martin, was charged by accusation with driving under the influence of alcohol. The trial court denied Martin's motion in limine to suppress his breath test results, and Martin now appeals based upon newly amended OCGA § 40-5-67.1, which was given retroactive application by the legislature.

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