MITCHELL v. STATE

No. S98A0169.

497 S.E.2d 566 (1998)

269 Ga. 378

MITCHELL v. The STATE.

Supreme Court of Georgia.

April 13, 1998.


Attorney(s) appearing for the Case

Monte Kevin Davis, Atlanta, for Steven Gary Mitchell.

Ralph T. Bowden, Jr., Solicitor, Noah H. Pines, W. Cliff Howard, Asst. Solicitors, Decatur, Neal B. Childers, Senior Asst. Atty. Gen., Carol A. Callaway, Asst. Atty. Gen., Hon. Thurbert E. Baker, Atty. Gen., Department of Law, Atlanta, for the State.


BENHAM, Chief Justice.

Steven Gary Mitchell was convicted of violating OCGA § 40-6-391(a)(5), which makes it a crime to have a blood-alcohol concentration of .10 grams within three hours after driving. On appeal, he contends that OCGA § 40-6-391(a)(5) is unconstitutional because it denies due process of law, that evidence of his blood-alcohol concentration was improperly admitted into evidence because the State did not follow the procedural mandates of the...

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