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McGINN v. STATE

No. A04A1545.

602 S.E.2d 209 (2004)

268 Ga. App. 450

McGINN v. The STATE.

Court of Appeals of Georgia.

July 9, 2004.

Attorney(s) appearing for the Case

Dennis Murphy, Roswell, for appellant.

Leigh Patterson, District Attorney, Charles Cox, Assistant District Attorney, for appellee.

ELDRIDGE, Judge.

A Floyd County jury found James J. McGinn guilty of underage DUI (excessive BAC1). On appeal, McGinn's sole claim of error is that the trial court erred in denying his motion in limine premised upon the arresting officer's failure to provide him with an independent chemical test of his blood after he requested one. We agree and reverse.

The facts of this case do not appear to be in dispute. Floyd County Police...

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