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STATE v. METZAGER

No. A10A0772.

692 S.E.2d 687 (2010)

The STATE v. METZAGER.

Court of Appeals of Georgia.

March 22, 2010.

Attorney(s) appearing for the Case

David L. Cannon, Jr., Solicitor-General, Kristen A. Roch, Barry W. Hixson, Assistant Solicitors-General, for appellant.

Richard T. Ryczek Jr., Lawrenceville, for appellee.

JOHNSON, Presiding Judge.

After Stephen Metzager was arrested for driving under the influence of alcohol, he filed a motion in limine to suppress the results of the state administered breath test, contending he was not given an opportunity to take an independent blood test by a qualified person of his own choosing in accordance with OCGA §§ 40-5-67.1(b)(2) and 40-6-392(a)(3). The trial court granted his motion, and the state appeals. We find no error and...

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