A criminal defense lawyer says he’ll appeal a 4-3 decision by the Georgia Court of Appeals that said police had probable cause to test his client for drugs in his blood after a fatal car accident, overturning a trial court judge.

Judges dissenting from the Nov. 21 decision complained that their colleagues in the majority improperly overruled the trial judge’s findings of fact by making their own findings that police officers involved in the case were credible.

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