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STATE v. ALLEN

No. A04A2128.

612 S.E.2d 11 (2005)

272 Ga. App. 169

The STATE v. ALLEN.

Court of Appeals of Georgia.

Reconsideration Denied March 14, 2005.

Attorney(s) appearing for the Case

Barry Morgan, Solicitor-General, Jessica Moss, Nell Pedigo, Assistant Solicitors-General, for Appellant.

Victor Valmus, Moore, Ingram, Johnson & Steele, Marietta, for Appellee.

Linda M. Allen, Douglasville, pro se.

ADAMS, Judge.

Linda McCormick Allen was charged with speeding and driving under the influence of alcohol. Allen filed a motion to suppress evidence of the results of the state-administered Intoxilyzer 5000 breath test. The trial court granted Allen's motion to suppress and the State appeals.

The trial court relied on the following facts in granting the motion to suppress: At the time of her arrest, implied consent warnings were read to Allen, and she indicated...

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