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Arresting officer not required to ensure Petitioner understood implied consent warning.

Topic: DUI, Decided by Judge Wood 
Docket Number: 1329622 , Decision Date: 2013-09-20 
Attachment: Click here to download the decision. 

During an arrest for driving under the influence (DUI), an arresting officer is only required to read the implied consent warning and is not obligated to ensure that the driver understands the warning. Thus, it is of no consequence that Petitioner claimed she had difficulty [..] Read More..

Breath test must be correctly administered before inadequate sample considered refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0927508 , Decision Date: 2009-06-17 
Attachment: Click here to download the decision. 

The Department of Drivers’ Services did not satisfy its burden of proof because it failed to submit any evidence demonstrating that the state-administered breath test was properly given. Thus, the burden could not shift to the driver to demonstrate her inadequate breath sample was due [..] Read More..

Crime lab report proved blood alcohol test properly administered.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 0913635 , Decision Date: 2009-01-29 
Attachment: Click here to download the decision. 

For the purposes of a license suspension hearing, an arresting officer need only submit a copy of the crime lab report to prove that a blood alcohol test was properly administered by an individual possessing a valid permit on an instrument in good working order. [..] Read More..

Viewpoint one: Constitutionality of roadblock is outside the scope of Administrative License Suspension hearing.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1101047 , Decision Date: 2010-08-31 
Attachment: Click here to download the decision. 

In Sankeralli v. the Department of Drivers’ Services, Judge Schroer held that the constitutionality of the roadblock that lead to the driver’s arrest for driving under the influence (DUI) is outside the scope of an Administrative License Suspension hearing, because the exclusionary rule, the remedy [..] Read More..

Failure to provide an adequate breath sample due to a physical impairment was not a refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0623431 , Decision Date: 2006-06-22 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license was lifted because Petitioner presented sufficient evidence that she suffered from a physical impairment that limited her ability to provide an adequate breath sample. Thus, her inability to provide a sufficient sample could not be construed as a refusal to [..] Read More..

Viewpoint two: Constitutionality of roadblock is within the scope of Administrative License Suspension hearing.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1403305 , Decision Date: 2013-08-18 
Attachment: Click here to download the decision. 

In Hamilton v. the Department of Drivers’ Services, Judge Walker held that the state must produce evidence of the constitutionality of a roadblock in order to show that the driver stopped at the roadblock was lawfully arrested, a matter within the scope of the Administrative [..] Read More..

Implied consent notice for deaf drivers must be conveyed by interpreter or in writing.

Topic: DUI, Decided by Judge Baxter 
Docket Number: 1016048 , Decision Date: 2010-01-12 
Attachment: Click here to download the decision. 

Where a hearing impaired individual is stopped for driving under the influence (DUI), the arresting officer must arrange for the implied consent warning to be conveyed by a qualified interpreter or in writing.  As the arresting officer failed to provide the implied consent notice in [..] Read More..

Failure to hold license suspension hearing within thirty days did not harm Petitioner.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1321363 , Decision Date: 2013-04-29 
Attachment: Click here to download the decision. 

Petitioner moved for the rescission of his administrative license suspension on the basis that the Department of Driver Services failed to hold a hearing within thirty days of his request for a hearing and did not issue him a temporary driving permit.  Under the circumstances, [..] Read More..

Administrative license suspension stipulation admissible in subsequent proceedings.

Topic: DUI, Decided by Judge McMillan 
Docket Number: ******** , Decision Date: 2014-05-22 
Attachment: Click here to download the decision. 

The Georgia Court of Appeals held that it was not error for the trial court to admit the Final Decision/stipulated withdrawal completed at an administrative license suspension hearing, signed by defendant’s counsel and the arresting officer.  Because the defendant benefited from the stipulation in the [..] Read More..

Delay in reading of implied consent notice justified by circumstances.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1418678 , Decision Date: 2014-04-03 
Attachment: Click here to download the decision. 

A forty-five minute delay in reading the implied consent notice to Petitioner did not invalidate the subsequent chemical test, because the delay was due to an apparent medical emergency and, thereafter, Petitioner’s disruptive behavior.

Officer must read implied consent notice or tender card into the record.

Topic: DUI, Decided by Judge Teate 
Docket Number: 1426241 , Decision Date: 2014-03-11 
Attachment: Click here to download the decision. 

Petitioner contested the suspension of his driver’s license following a DUI arrest.  At the hearing, while the arresting officer testified that he read the implied consent notice to the Petitioner, he did not read the implied consent notice card into the record, nor did he tender [..] Read More..

The collective knowledge doctrine does not negate a hearsay objection.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1418740 , Decision Date: 2014-01-24 
Attachment: Click here to download the decision. 

The collective knowledge doctrine acknowledges that officers are justified in relying on the statements of other officers in forming reasonable suspicion.  The doctrine does not, however, allow for the arresting officer to establish that the detaining officer had reasonable suspicion necessary to conduct a traffic [..] Read More..

Driver’s license suspension reversed due to insufficient evidence of the legality of roadblock.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1412231 , Decision Date: 2013-10-30 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license reversed where the arresting officer did not sufficiently establish the legality of the roadblock at which Petitioner was stopped.

Driver’s license suspended for operating golf cart on state highway while intoxicated.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1406189 , Decision Date: 2013-10-28 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license upheld after he was arrested driving a golf cart on a state highway while under the influence of alcohol.

Suspension of driver’s license lifted where evidence limited to consumption of alcohol.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1401828 , Decision Date: 2013-09-26 
Attachment: Click here to download the decision. 

Suspension of Petitioner’s driver’s license was lifted where evidence of impairment was limited to the smell of alcohol on his person.  No weight was given to the results of field sobriety tests due to error in their administration and because Petitioner’s performance may have been [..] Read More..

Driver’s license suspension reversed because no testimony on legality of roadblock.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1403305 , Decision Date: 2013-08-18 
Attachment: Click here to download the decision. 

Petitioner was not lawfully placed under arrest for DUI because no evidence was introduced that the roadblock at which he was stopped was legal.

Driver’s license suspended after inebriated driver left scene of single car accident.

Topic: DUI, Decided by Judge Oakley 
Docket Number: 1406362 , Decision Date: 2013-09-20 
Attachment: Click here to download the decision. 

Petitioner’s driver’s license was suspended after an officer located her, intoxicated, at her home shortly after a single car accident.  It was apparent that she had recently been driving the vehicle, which was registered in her name, due to the state of her clothing and [..] Read More..

Court of Appeals reinstates Judge’s suspension of a limited driving permit.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1232100 , Decision Date: 2012-06-18 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The Department of Driver Services was permitted to revoke Petitioner’s Limited Driving Permit after he pled nolo contendere to a speeding violation and paid a fine.  Double jeopardy did not bar the suspension because a license suspension is not a conviction or a punishment but [..] Read More..

Articulable suspicion of criminal activity.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1339402 , Decision Date: 2013-07-30 
Attachment: Click here to download the decision. 

Pulling into the driveway of an unoccupied home to switch drivers was sufficiently suspicious to give an officer articulable suspicion of criminal activity.  Furthermore, the encounter was non-coercive and did not constitute a stop.  Suspension of Petitioner’s license was appropriate as she did not affirmatively [..] Read More..

Mere presence of alcohol does not, by itself, support an inference of impairment.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1344563 , Decision Date: 2013-07-30 
Attachment: Click here to download the decision. 

Police officer did not have probable cause to arrest Petitioner for driving under the influence or refusing to consent to a state-administered chemical test because, while Petitioner, who had been stopped at a roadblock, admitted to drinking, the officer presented no evidence that he had [..] Read More..

Request for attorney before consenting to state-administered chemical testing construed as a refusal.

Topic: DUI, Decided by Judge Wood 
Docket Number: 1328793 , Decision Date: 2013-06-10 
Attachment: Click here to download the decision. 

Judge Wood affirmed the decision of the Georgia Department of Driver Services (DDS) to suspend Petitioner’s license for refusing to submit to a state-administered chemical test for suspected driving under the influence.  Petitioner refused to consent because she was not first given the opportunity to [..] Read More..

License suspended after driver refused state-administered chemical test.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1338591 , Decision Date: 2013-06-25 
Attachment: Click here to download the decision. 

Judge affirmed the administrative suspension of Petitioner’s driver’s license.  After being pulled over for an inoperative taillight, the officer noted a strong odor of alcohol and physical manifestations of intoxication.  The officer read Petitioner the implied consent notice; Petitioner refused to consent and suspension was, [..] Read More..

Supervisors implementing police roadblocks can participate in screening drivers.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1326928 , Decision Date: 2013-04-25 
Attachment: Click here to download the decision. 

Petitioner challenged the suspension of his license for driving under the influence on two grounds: an unlawful roadblock and an improperly administered horizontal gaze nystagmus test (“HGN”).  Contrary to Petitioners assertions, the Judge found that (1) the legality of the roadblock was not impaired by [..] Read More..

Prior refusal of state-administered chemical test was not subsequently rescinded.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1324952 , Decision Date: 2013-02-21 
Attachment: Click here to download the decision. 

Petitioner refused to submit to a state-administered blood alcohol test. Petitioner claims that he later agreed to the test after arriving at the jail. Based on the five-part Seay test, which articulates the criteria that must be met in order for a party to effectively [..] Read More..

Arresting officer properly read the implied consent rights.

Topic: DUI, Decided by Judge Walker 
Docket Number: 1327796 , Decision Date: 2013-02-21 
Attachment: Click here to download the decision. 

Arresting officer is not required to confirm that an individual understands the implied consent warning.

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