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SMITH v. STATE

No. A96A1109.

471 S.E.2d 591 (1996)

221 Ga. App. 185

SMITH v. The STATE.

Court of Appeals of Georgia.

April 19, 1996.

Attorney(s) appearing for the Case

Howard J. Weintraub, Atlanta, for appellant.

Louise T. Hornsby, Solicitor, Marcelle A. Castillo, Assistant Solicitor, for appellee.

BLACKBURN, Judge.

On July 19, 1995, Graham Smith was arrested for driving under the influence of alcohol, and an Administrative License Suspension proceeding was initiated. Because the arresting officer failed to appear at the Administrative License Suspension hearing, the proposed suspension was rescinded. On August 29, 1995, Smith filed his plea in bar based upon double jeopardy to stop the criminal prosecution of the...

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