Georgia DUI Cases of Note

  

England v. State, A09A2181, December 2, 2009

Wednesday, December 02, 2009

In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies "I would rather have a blood test" is not an request for an independent or additional test under the Georgia Implied Consent law if the officer then redesignates blood as the state administered test. 

This is even true the Blood test was performed at a hospital and paid for by the Driver who thought that the blood test was his independent test.  Further, Defendants are not entitled to cross-examine lab technicians that assist State Toxicologists in Dui Blood tests cases as long as they don't do anything but run the machine and do not interprete the results.  



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