Legal Opinion

McCann v. State

Court of Appeals of Georgia

Decided June 21, 1983No. 66203PublishedCited by 28 opinions

1Opinion of the Court

Birdsong, Judge.

William B. McCann was convicted of speeding and driving under the influence of alcohol. The only evidence offered by the state showed that McCann was detected by radar speeding approximately 60 mph in a 45 mph zone. Upon being stopped, the officer detected the odor of alcohol upon McCann’s breath and secured McCann’s consent to take a breatholizer test, which indicated an alcohol level of .11. Apparently it was upon the basis of the speed, odor of alcohol, and the alcohol level that McCann was charged with DUI, inasmuch as the officer detected no erratic driving (other than…

2Cases cited5 opinions

  1. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  2. Skrine v. StateSupreme Court of Georgia · 1979
  3. Cassells v. Bradlee Management Services, Inc.Court of Appeals of Georgia · 1982
  4. Burdett v. StateCourt of Appeals of Georgia · 1981
  5. Denton v. StateCourt of Appeals of Georgia · 1980

3Cited by28 opinions

  1. Peters v. StateCourt of Appeals of Georgia · 1985
  2. Kuptz v. StateCourt of Appeals of Georgia · 1986
  3. Olsen v. StateCourt of Appeals of Georgia · 1983
  4. Gibby v. StateCourt of Appeals of Georgia · 1994
  5. Farmer v. StateCourt of Appeals of Georgia · 1986

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