State v. Lubin

McMurray, Presiding Judge.

On the night of November 22,1980, in Fulton County, Georgia, the defendant was arrested for driving under the influence of intoxicants, speeding (65 mph in a 35 mph zone) and for simple battery (upon the arresting police officer when he made the arrest). It was necessary to subdue the defendant with the aid of two other officers who arrived to assist the arresting officer. Defendant was then transported in a police vehicle driven by the arresting officer to the North Fulton precinct where he was incarcerated in a holding cell. It was only after his arrival and…