LEWIS v. STATE

No. A05A1952.

622 S.E.2d 912 (2005)

276 Ga. App. 248

LEWIS v. The STATE.

Court of Appeals of Georgia.

November 4, 2005.


Attorney(s) appearing for the Case

Scott A. Holt, Scott W. DePlonty, Jonesboro, for Appellant.

Charles A. Spahos, Solicitor-General, Leonard M. Geldon, Assistant Solicitor-General, for Appellee.


MILLER, Judge.

Following a bench trial, Norman Lewis appeals from his conviction for driving under the influence of alcohol to the extent he was a less safe driver. He enumerates as error the trial court's denial of his motion in limine to exclude his failure to take a breath test and other evidence. Lewis contends that the State did not have probable cause to arrest him. We disagree and affirm.

Where, as here, the evidence is uncontroverted and no question...

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