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STATE v. RANDALL

S22A0664.

880 S.E.2d 134 (2022)

The STATE v. RANDALL.

Supreme Court of Georgia.

Decided: October 25, 2022.

Attorney(s) appearing for the Case

Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Christopher M. Carr , Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, William Washington Fleenor , Carroll Rudolph Chisholm, Jr. , Solicitor, Landon Mark Fogle , Ethan Merritt Makin , Assistant Solicitor, Athens-Clarke County Solicitor General's Office, 325 East Washington Street, Suite 550, Athens, Georgia 30601, Deborah Gonzalez , District Attorney, Western Circuit District Attorney's Office, 325 E. Washington Street, Athens, Georgia 30601, for Appellant.

Jeffery Alan Rothman , Anna Green Bolden , Daniels & Rothman, P.C., 150 East Washington Street, Suite B, Athens, Georgia 30601, for Appellee.

David Edward Clark , Clarke & Towne, PC, 753 Cherokee Avenue SE, Suite 55, Atlanta, Georgia 30315, Jason B. Sheffield , Peters, Rubin, Sheffield & Hodges, 2786 N. Decatur Road, Suite 245, Decatur, Georgia 30033, Greg Allen Willis , Willis Law Firm, 6000 Lake Forrest Drive, Suite 375, Atlanta, Georgia 30328, Robert Wright Smith, Jr. , Prosecuting Attorneys' Council of Georgia, 1590 Adamson Parkway, 4th Floor, Morrow, Georgia 30260, Carlton Todd Hayes , Solicitor-General, Cherokee County Solicitor General's Office, 100 North Street, Suite 130, Canton, Georgia 30114, Bradford Lee Rigby , District Attorney, Cordele Judicial Circuit District Attorney's Office, P.O. Box 5510, Cordele, Georgia 31010, for Amicus Appellee.

Antonio Randall stands accused in the State Court of Athens-Clarke County of driving under the influence of alcohol to the extent that it was less safe for him to drive, OCGA § 40-6-391(a)(1), and other traffic offenses. The trial court granted Randall's motion to suppress evidence of his refusal to submit to a warrantless...

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