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SCOTT v. STATE

Nos. S98A0043, S98A0044.

496 S.E.2d 270 (1998)

269 Ga. 160

SCOTT v. The STATE. CAUDELL v. The STATE.

Supreme Court of Georgia.

March 2, 1998.

Attorney(s) appearing for the Case

Timothy Paul Healy, Nina Maria Svoren, Toccoa, for Arthur Scott and Elliot Roger Caudell.

Neal B. Childers, Senior Asst. Atty. Gen., Carol A. Callaway, Asst. Atty. Gen., Department of Law, Atlanta, for the State.

BENHAM, Chief Justice.

Appellants Arthur Scott and Elliot Roger Caudell were arrested in separate incidents in Stephens County, and each was tested for blood alcohol content ("BAC"). Appellant Scott's BAC registered .215, and appellant Caudell's BAC was measured at .289. Each man was charged with driving under the influence of alcohol to the extent it was less safe for him to drive (OCGA § 40-6-391(a)(1)), and with having an alcohol concentration of .10 grams...

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