Marietta Attorneys Dean Phillips Law Office

Dean Phillips Law Office

341 Lawrence Street
Marietta, GA 30060
770-900-9175

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You are here: Home / Criminal / Knowing is not Part of Voluntary Consent

July 18, 2016

Knowing is not Part of Voluntary Consent

Gwinnett State Court allowed a defendant’s Motion to Suppress Evidence, citing that he did not provide “actual, knowing and voluntary consent” for a breathalyzer test because of his limited understanding of the English language. The defendant was charged with driving under the influence (DUI) – less safe, DUI unlawful alcohol concentration, and following too closely after being involved in an accident.

The Georgia Court of Appeals reviewed the case and explained to the trial court that breathalyzer consent should be given freely and voluntarily. The “knowing” sense does not apply in Georgia law. The Court returned the case to the trial court, suggesting that it reconsider the Motion based upon the correct standard.

Filed Under: Criminal, Ga State laws

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341 Lawrence Street
Marietta, Georgia 30060
770-900-9175

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