State v. Kachwalla

Benham, Justice.

A police officer issued a uniform traffic citation charging appel-lee Kaemptah Kachwalla with driving under the influence of drugs to the extent he was a less safe driver. OCGA § 40-6-391 (a) (2). Appel-lee filed a demurrer in which he contended, among other things, that OCGA § 40-6-391 (a) (2) is an unconstitutional violation of the equal protection clauses of the state and federal constitutions. Relying on our decision in Love v. State, 271 Ga. 398 (3) (517 SE2d 53) (1999), the trial court granted the demurrer, concluding that OCGA § 40-6-391 (a) (2) “suffers the same…