Legal Opinion

LaFontaine v. State

Supreme Court of Georgia

Decided March 16, 1998No. S97A1814PublishedCited by 92 opinions

1Opinion of the Court

Hunstein, Justice.

Stephen LaFontaine was convicted of violating OCGA § 40-6-391 (a) (5), the per se offense of operating a moving vehicle while having an unlawful blood alcohol level. On appeal, LaFontaine claims the roadblock which led to his arrest violated the Fourth Amendment to the United States Constitution, that OCGA § 40-6-391 (a) (5) is unconstitutional, and that his challenge to the traffic citation should have been sustained. We conclude that no error occurred and affirm.

1. LaFontaine’s challenge to the constitutionality of OCGA § 40-6-391 (a) (5) is of no avail as this Court has…

2Cases cited10 opinions

  1. Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
  2. State v. GoldenCourt of Appeals of Georgia · 1984
  3. State v. SwiftSupreme Court of Georgia · 1974
  4. Brisbane v. StateSupreme Court of Georgia · 1974
  5. Price v. StateSupreme Court of Georgia · 1998

5 more not listed; retrieve them via the Exa API.

3Cited by92 opinions

  1. Hughes v. StateSupreme Court of Georgia · 2015
  2. Brown v. StateSupreme Court of Georgia · 2013
  3. State v. OrrOhio Supreme Court · 2001
  4. Baker v. StateCourt of Appeals of Georgia · 2001
  5. Brent v. StateSupreme Court of Georgia · 1998

87 more not listed; retrieve them via the Exa API.

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