Georgia DUI Cases of Note

  

Hughes v State- Probable Cause for DUI if reasonable cops can differ

Wednesday, April 15, 2015

DUI Probable CauseHughes v. State, S14G0622, March 16, 2015. Jack Hughes was required by police to submit to a blood test at the request of police after a fatal accident. Hughes moved to suppress the blood test result after he was charged as a result of their being no probable cause that he was DUI. The Trial Court granted the motion to suppress finding no probable cause to arrest for DUI. Despite finding no probable cause, the Trial Court did find that Hughes was drowsy, was unsteady on his feet, and he had a number of pills on his person. 

The Supreme Court found that the Court of Appeals had usurped improperly the trial court and supplemented the record with facts not determined expressly by the trial court.  The Supreme Court held that there is probable cause where under the totality of the facts and circumstances known to a police officer would permit reasonable officers to draw differing conclusions about whether probable cause exists.  

-Author: George Creal



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