Webb v. State

Supreme Court of Georgia

Webb v. State

324 S.E.2d 188, 253 Ga. 686, 1985 Ga. LEXIS 521

CourtSupreme Court of Georgia

DecidedJanuary 7, 1985

Docket41491

StatusPublished

Cited by2 cases

This text of 324 S.E.2d 188 (Webb v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Webb v. State, 324 S.E.2d 188, 253 Ga. 686, 1985 Ga. LEXIS 521 (Ga. 1985).

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Opinion

Marshall, Presiding Justice.

The sole issue in this appeal from a conviction of driving under the influence of alcohol is whether subsection (a) (4) of the Georgia Driving Under the Influence Statute (OCGA § 40-6-391)¹ is void for vagueness and therefore violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the Due Process Clause of the Constitution of the State of Georgia, in that the average person cannot detect that conduct until he has been arrested and given a chemical test, so that notice that the conduct is prohibited is meaningless.

This case is controlled by Lester v. State, 253 Ga. 235 (1) (320 SE2d 142) (1984).

Judgment affirmed.

All the Justices concur. [687]*687Herbert A. Rivers, Solicitor, for appellee.

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Marshall, Presiding Justice.

The sole issue in this appeal from a conviction of driving under the influence of alcohol is whether subsection (a) (4) of the Georgia Driving Under the Influence Statute (OCGA § 40-6-391)¹ is void for vagueness and therefore violates the Due Process Clause of the Fourteenth Amendment to the United States Constitution and the Due Process Clause of the Constitution of the State of Georgia, in that the average person cannot detect that conduct until he has been arrested and given a chemical test, so that notice that the conduct is prohibited is meaningless.

This case is controlled by Lester v. State, 253 Ga. 235 (1) (320 SE2d 142) (1984).

Judgment affirmed.

All the Justices concur. [687]*687Herbert A. Rivers, Solicitor, for appellee.

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Bluebook (online)

324 S.E.2d 188, 253 Ga. 686, 1985 Ga. LEXIS 521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/webb-v-state-ga-1985.

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