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BROWN v. STATE

No. S97A0464.

485 S.E.2d 486 (1997)

268 Ga. 76

BROWN v. The STATE.

Supreme Court of Georgia.

June 2, 1997.

Attorney(s) appearing for the Case

David Edward Clark and Jessica R. Towne, Clark & Towne, Lawrenceville, for Brown.

Gerald N. Blaney, Jr., Solicitor, William F. Bryant, Asst. Solicitor, Gwinnett Justice & Administration Center; Richard E. Thomas, Chief Asst. Solicitor, and Allison L. Thatcher, Gwinnett County Solicitors Office, Lawrenceville, for State.

Carol Awtrey Callaway, Senior Asst. Atty. Gen., Dept. of Law, Atlanta, and Kenneth W. Mauldin, Solicitor, Athens, Amicus Appellee.

HUNSTEIN, Justice.

Jay Michael Brown was accused of driving under the influence of alcohol, driving with an unlawful blood alcohol, and other misdemeanors. He filed a motion to suppress the results of his State-administered Intoxilyzer 5000 breath test, alleging, inter alia, that the testing device was not operated with all of its electronic and operating components properly attached and in good working order, as required by OCGA § 40-6-392(a). At the pretrial...

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