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COOPER v. STATE

No. S03A1255.

587 S.E.2d 605 (2003)

277 Ga. 282

COOPER v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied November 7, 2003.

Attorney(s) appearing for the Case

William D. Healan III, Chestney-Hawkins Law Firm, Sherry Boston, Atlanta, for appellant.

Timothy G. Madison, Dist. Atty., Anthony B. Williams, Asst. Dist. Atty., Thurbert E. Baker, Atty. Gen., Christopher S. Brasher, Asst. Atty. Gen., for appellee.

HINES, Justice.

Carey Don Cooper appeals his conviction for driving under the influence of cocaine.1 He makes a constitutional challenge to the provision in OCGA § 40-5-55(a), the implied consent statute, requiring chemical testing of the operator of a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities. The statute reads in pertinent part:

any person who operates a motor vehicle upon...

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