PHILLIPS v. STATE

No. A13A0991.

751 S.E.2d 526 (2013)

PHILLIPS v. The STATE.

Court of Appeals of Georgia.

November 15, 2013.


Attorney(s) appearing for the Case

William C. Head , Atlanta, for Appellant.

Carmen D. Smith , R. Leon Benham , for Appellee.


DOYLE, Presiding Judge.

Following a bench trial, Brett Robert Phillips was convicted of driving under the influence with an unlawful blood alcohol level ("DUI per se").1 He appeals, arguing that the trial court erred by requiring him to proceed to trial without material and necessary evidence. We affirm, for the reasons that follow.

Viewed in favor of the verdict,2 on March 3, 2006, a state trooper...

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