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CLARK v. STATE

No. A10A1332.

700 S.E.2d 682 (2010)

CLARK v. The STATE.

Court of Appeals of Georgia.

August 26, 2010.

Attorney(s) appearing for the Case

Kenneth J. Rajotte , Atlanta, for appellant.

Robert D. James, Jr. , Solicitor-General, Desiree Laster-Hayes , Asst. Solicitor-General, for appellee.

BARNES, Presiding Judge.

Following a traffic stop, Aubrey Clark was cited for driving under the influence of alcohol and violating the seat belt requirements in OCGA § 40-8-76.1. The case proceeded to trial on three counts: driving with an unlawful alcohol concentration, driving under the influence to the extent it was less safe to drive, and failure to wear a seat belt. Although the trial court directed a verdict of acquittal as to the less safe offense, the...

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