STATE v. ENCINAS

No. A09A2151.

691 S.E.2d 257 (2010)

The STATE v. ENCINAS.

Court of Appeals of Georgia.

February 12, 2010.


Attorney(s) appearing for the Case

Otis L. Scarbary, Solicitor-General, Cynthia T. Adams, Assistant Solicitor-General, for appellant.

Stein & Ward, Brian T. Caron, George A. Stein, Jeremy E. Citron, Atlanta, for appellee.


ANDREWS, Presiding Judge.

The State appeals from the trial court's grant of Senen James Encinas, Jr.'s motion in limine to exclude evidence that he refused to take a state-administered chemical test. In granting the motion, the trial court found that there was not probable cause to arrest Encinas for DUI. For the reasons that follow, we affirm.

At the hearing on the motion in limine, the arresting officer testified that he stopped Encinas for going 70 miles...

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