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STATE v. KING

No. A08A2025.

674 S.E.2d 396 (2009)

The STATE v. KING.

Court of Appeals of Georgia.

March 2, 2009.

Attorney(s) appearing for the Case

Carmen D. Smith, Solicitor-General, Jeffrey L. Younger, R. Leon Benham, Assistant Solicitors-General, for appellant.

Richard T. Ryczek Jr., for appellee.

DOYLE, Judge.

Jonathan King was charged with driving under the influence of alcohol to the extent that it was less safe to do so ("DUI less safe")1 and driving with an unlawful alcohol concentration ("DUI per se").2 During the trial, the State Court of Fulton County granted King's oral motion for general demurrer as to the DUI per se count. The State appeals, contending that the trial court erred in concluding...

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