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JOHNSON v. STATE

No. A13A0397.

744 S.E.2d 921 (2013)

323 Ga. App. 65

JOHNSON, Jr. v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied July 16, 2013.

Attorney(s) appearing for the Case

William C. Head , Atlanta, Ashleigh Bartkus Merchant , Marietta, for Johnson, Jr.

Leslie Case Abernathy , Amy K. Millard Radley , for The State.

DOYLE, Presiding Judge.

After a jury trial, William Holland Johnson, Jr., was found guilty of driving under the influence of alcohol such that he was less safe to do so ("DUI-less safe"),1 and improper lane change.2 Johnson appeals, arguing that the trial court erred by (1) denying his motion to exclude evidence of the horizontal gaze nystagmus ("HGN") test based on the

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