Georgia DUI Cases of Note

  

Luckey v. State: Fulton County DUI Jury Trial - Request for Additional Test must be Reasonable.

Thursday, January 19, 2012

LUCKEY v. THE STATE, A11A1699, Court of Appeals of Georgia. Jimmie Luckey was arrested for DUI in Fulton County. He was taken to jail and took a breath test and blew over the legal limit. Mr. Luckery requested an additional test of his blood as was his right under Georgia law. However, he would not allow the Officer that arrested him to take him to the hospital nor would he identify a facility to test his blood.  If a person requests an additional test of his blood, breath or urine, then the DUI police officer must reasonably accommodate that request or the DUI Defendants Implied Consent Rights have been violated and the original state administered test of the DUI Defendant's blood breath or urine can be suppressed or thrown out of evidence in court.  In this case, Georgia Court of Appeals found that the DUI Defendants request that another officer transport him for an independent test was not reasonable, the Officer tried to find another Officer to transport Luckey for his independent test, and Luckey would not identify a facility to have his blood tested. Read the Case. 

Decided: January 11, 2012.


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