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AVERY v. STATE

No. A11A1340.

716 S.E.2d 729 (2011)

311 Ga. App. 595

AVERY v. The STATE.

Court of Appeals of Georgia.

September 7, 2011.

Attorney(s) appearing for the Case

William D. Cunningham , La Fayette, for appellant.

Herbert E. Franklin, Jr. , Dist. Atty., Leonard Charles Gregor, Jr. , Asst. Dist. Atty., for appellee.

ADAMS, Judge.

Following a traffic stop, appellant Jesse Trotter Avery was charged with per se DUI pursuant to OCGA § 40-6-391(a)(5), failure to maintain lane, and driving with a suspended license. Avery filed a motion in limine and to suppress arguing, inter aha, that the results of the Intoxilyzer 5000 should be excluded because the State did not comply with his request for additional testing. Avery also filed a special demurrer to the driving on a suspended...

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