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Davis v State – Submitting to Authority is not Actually Consent

Davis v. State, A15A0324-Vac/Rem-June12 2015.  Cameron Davis was convicted after a bench trial of DUI less safe and DUI per se and reckless driving.  Davis contended that his consent to the chemical test of his blood was only based upon implied consent which is not equivalent to the actual consent required by the 4th Amendment […]

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Wallace v State – Yes or No Georgia DUI Implied Consent can be used against you

Wallace v. State, A13A0942, PH-035C., Court of Appeals of Georgia, Decided: November 22, 2013.  Willam Glynn Wallace was arrested for DUI.  The arresting officer read Wallace Georgia Implied Consent. Wallace refused a breath test.  Wallace then asked the arresting officer what would happen if he said yes to the test and could it be used […]

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Lee v State – Implied Consents Rights – Rights you dont have a Right to Understand

On September 26, 2013, the Georgia Court of Appeal found that you do not have a right to translation of Implied Consent into the language you can understand. Lee v. State, A13A1067 (Sept. 26, 2013).  Seung Lee appealed her conviction of DUI less safe after a bench trial arguing that he did not understand the Georgia […]

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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 […]

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JONES V. STATE – A12A1795: Is Implied Consent Dead?

Jones v. State (2013) – Georgia Court of Appeals On October 30, 2011, Robert Lee Jones was pulled over, and after a standard investigation, arrested for suspicion of DUI. The arresting officer read Jones his implied consent rights, specifically asking if Jones would submit to a blood test. Jones agreed and was transported to the jail […]

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NAGATA V. STATE – A12A1957: Discrepancy in the Implied Consent Warning

Nagata v. State (2013) – Georgia Court of Appeals On December 12, 2009, Wataru Nagata was pulled over for failure to maintain a lane. When the officer made contact with Nagata he noticed the smell of alcohol and conducted an initial DUI investigation, which led to Nagata’s arrest. The officer then read Nagata his implied consent […]

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Dade County Georgia DUI Conviction; “more tests” does not mean additional or independent chemical tests but field sobriety tests under the implied consent law

Avery v. State, A11A1340, Court of Appeals of Georgia, September 7, 2011 . Jesse Trotter Avery was charged with DUI per se, failure to maintain lane, and driving with a suspended license. He filed a motion to exclude his breath test result on the Intoxilyzer 5000 as a result of his request for an additional […]

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Can the Police request a Blood Test if I pass the Breath test?

DUI; Implied Consent, Multiple State Administered Tests; Miranda. State v. Warmack, 203 Ga. App. 157 (1998). Officer John Helton stopped W. Warmack for DUI in Dalton, Georgia. He arrested him. Warmack blew .064 and .058 at the police station. Based on the inconsistency of the breath result and the field tests by the Officer, the Officer […]

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DUI Implied Consent: Williams v. State, A09A0836, April 23, 2009

Williams v. State, A09A0836, April 23, 2009, the Georgia Court of Appeals suppressed the blood result of a Defendant to whom he did not read implied consent.  This is really of no surprise as it has been clear and undisputed law that in order for a state-administered chemical test could be admitted into evidence a […]

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