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236 Ga. App. 115

Clegg v. State

Court of Appeals of Georgia

Decided January 27, 1999

Court of Appeals of Georgia · decided 1999-01-27

Cited by 2 later decisions — most recently May 2017

2 state decisions

Relies on 229 Ga. App. 435 - Allen v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-01-27

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McMurray, Presiding Judge.

¶1Defendant appeals his conviction for driving under the influence of alcohol and failure to maintain lane. Held:

¶2Defendant was not denied due process under State or federal law based on the arresting officer’s refusal to allow him to have an independent blood test. Defendant forfeited his right to such independent testing by refusing the arresting officer’s request to submit to a state-administered breath test after being advised under OCGA § 40-5-67.1. Allen v. State, 229 Ga. App. 435, 438 (2) (a), (b) (494 SE2d 229). The trial court did not err in denying defendant’s motions to dismiss and motions in limine to exclude evidence.

¶3Judgment affirmed.

Blackburn and Eldridge, JJ, concur.
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