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LaFONTAINE v. STATE

No. S97A1814.

497 S.E.2d 367 (1998)

269 Ga. 251

LaFONTAINE v. The STATE

Supreme Court of Georgia.

Reconsideration Denied April 1, 1998.

Attorney(s) appearing for the Case

William C. Head, Atlanta, for Stephen M. LaFontaine.

Alice Benton Kamerschen, Asst. Solicitor, Leslie Case Abernathy, Solicitor General, Cumming, for the State.

HUNSTEIN, Justice.

Stephen LaFontaine was convicted of violating OCGA § 40-6-391(a)(5), the per se offense of operating a moving vehicle while having an unlawful blood alcohol level. On appeal, LaFontaine claims the roadblock which led to his arrest violated the Fourth Amendment to the United States Constitution, that OCGA § 40-6-391(a)(5) is unconstitutional, and that his challenge to the traffic citation should have been sustained. We conclude that no...

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