STATE v. SMILEY

No. A09A1827.

689 S.E.2d 94 (2009)

The STATE v. SMILEY.

Court of Appeals of Georgia.

December 22, 2009.


Attorney(s) appearing for the Case

Carmen D. Smith, Solicitor-General, R. Leon Benham, Asst. Solicitor-General, for Appellant.

George C. Creal, Jr., Forest Park, for Appellee.


MIKELL, Judge.

Sperlin Smiley was accused of driving under the influence (DUI) of alcohol to the extent it was less safe for him to drive, per se DUI, failure to maintain lane, and a seat belt violation. The trial court granted Smiley's motion to suppress the results of his state-administered breath test, ruling that the state had failed to comply with the court's previous order to produce documents requested by Smiley. The state appeals. We affirm.

The facts...

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