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STATE v. SIMMONS

No. A04A1671.

605 S.E.2d 846 (2004)

270 Ga. App. 301

The STATE v. SIMMONS.

Court of Appeals of Georgia.

Reconsideration Denied November 2, 2004.

Attorney(s) appearing for the Case

Carmen D. Smith, Solicitor-General, Jodi L. Harter, Jody L. Peskin, Assistant Solicitor-General, for appellant.

Mark A. Hansford, Michael M. Hawkins, Atlanta, for appellee.

ELDRIDGE, Judge.

In this case, the State of Georgia appeals from the grant of defendant David Simmons's motion to suppress blood alcohol test results in the State Court of Fulton County. The State contends that the trial court erred in granting Simmons's motion. The trial court found that a defendant under arrest for driving under the influence ("DUI"), as here, may withdraw his or her consent to a State-administered blood...

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