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YEARY v. STATE

No. A09A1786.

690 S.E.2d 901 (2010)

YEARY v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied March 1, 2010.

Attorney(s) appearing for the Case

Head, Thomas, Webb & Willis, Gregory A. Willis, Atlanta, for appellant.

Rosanna M. Szabo, Solicitor-General, Joelle M. Nazaire, Richard C. Armond, Assistant Solicitors-General, for appellee.

ANDREWS, Presiding Judge.

Lisa Ann Yeary was found guilty in a bench trial of driving with an alcohol concentration in excess of 0.08 grams in violation of OCGA § 40-6-391(a)(5). Yeary's conviction was based in part on evidence that she consented to a state-administered chemical breath test on an Intoxilyzer 5000 machine which showed that she had an unlawful alcohol concentration of 0.179 grams. Yeary claims her conviction should be reversed because the trial...

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