Holowiak v. State

BARNES, Presiding Judge.

In Holowiak v. State, 308 Ga. App. 887 (709 SE2d 39) (2011), we affirmed the trial court’s denial of Nicholas Holowiak’s motion for new trial following his jury conviction for driving under the influence of alcohol (per se) in violation of OCGA § 40-6-391 (a) (5). In Holowiak v. State (Case No. S11C1190 decided by Order September 6,2011), the Supreme Court granted Holowiak’s petition for certiorari and remanded the case to this Court “for reconsideration in light of this Court’s decision in Davenport v. State, 289 Ga. 399 (711 SE2d 699) (2011).” Holowiak had sought an…