JACOBS v. STATE

No. A11A0107.

706 S.E.2d 737 (2011)

JACOBS v. The STATE.

Court of Appeals of Georgia.

February 28, 2011.


Attorney(s) appearing for the Case

Cook & Lundy, B. Thomas Cook Jr. , Atlanta, for appellant.

Jamie K. Inagawa , Solicitor-General, Joseph B. Myers Jr. , Assistant Solicitor-General, for appellee.


ELLINGTON, Chief Judge.

Following a bench trial, the State Court of Fayette County found Lee Jacobs guilty of driving while having an alcohol concentration of 0.08 grams or more (DUI per se), OCGA § 40-6-391(a)(5). Jacobs appeals, contending that the undisputed facts established that he was stopped at a highway roadblock that was implemented by a field officer, rather than by a supervisor at the programmatic level, and, therefore, that the trial court erred in...

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