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State v. G.B. – Refusal

A City of Smyrna police officer noticed G.B. staggering out of a bar, and followed in his car.  The officer lost sight of G.G. in a crowd.  The officer G.B. entered a Honda, and began leaving the parking lot.  The officer pulled in behind G.B. to initiate a DUI investigation.  G.B. was obviously intoxicated, but Mr. Ryczek convinced the prosecutor that the initial detention was defective, and that the police officer was unable to prove that G.B. was actually driving the car.  The prosecutor dismissed the DUI, and G.B. entered a nolo contendere plea to reckless driving.