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STATE v. GAGGINI

No. A12A2454.

740 S.E.2d 845 (2013)

The STATE v. GAGGINI.

Court of Appeals of Georgia.

March 28, 2013.

Attorney(s) appearing for the Case

Rosanna M. Szabo , Gary S. Vey , Suwanee, Michael Powers DiOrio , for Appellant.

Barry L. Zimmerman , for Appellee.

PHIPPS, Presiding Judge.

The state appeals from a trial court order granting Alexandra Gaggini's motion to suppress the results of an Intoxilyzer 5000 breath test obtained at the time of her arrest for unlawfully stopping, standing, or parking on a roadway, and driving under the influence. After her arrest, the state filed an accusation charging Gaggini with driving under the influence of alcohol with an unlawful blood-alcohol concentration ("DUI per se"),

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