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Home » Cases of Note » State v. Gaggini and State v. Barnard out of state license implied consent
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State v. Gaggini and State v. Barnard out of state license implied consent

In State v. Gaggini, A12A2454, 03/28/2018 and State v. Barnard, A121A2445, 03/28/2013, the Gwinnett County Solicitor’s Office appealed to Gwinnett County State Court Judge Joseph Iannazzone.  Both cases involve whether the proper implied consent rights were read to out-of-state licensees.  Georgia law requires that Officers not tell State licensees that they will lose their out-of-state driver’s licenses if they refused to take a state-administered chemical test for drugs or alcohol.  In Gaggini, the Court of Appeals held that there was no evidence of record that Gaggini had an out-of-state license. In Barnard, the Court of Appeals held that despite the Officer testifying that the Defendant would lose her out-of-state license if she refused that because the only communication of this was by reading verbatim the Georgia Implied Consent rights there was no legal error in the reading of the rights. The other issue was whether the right implied consent right section was read which the Court of Appeals found there was no evidence of the error.