DUI Arrest in marietta

Georgia Appeals Court Denies Defendant’s Motions to Suppress in DUI Arrest

The Georgia Court of Appeals recently upheld a Cherokee County DUI conviction, rejecting a defendant’s attempt to suppress statements and blood test evidence. The man crashed into a gated entrance at his girlfriend’s apartment complex and later admitted to drinking and driving. His motions to suppress—claiming lack of Miranda warnings and involuntary consent to a blood-alcohol test—were both denied. The Court ruled that he wasn’t in custody when first questioned and had freely consented to testing, reinforcing how Georgia courts handle DUI suppression motions and evidence admissibility.

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DUI case in marietta

Admission of DUI Breathalyzer Results

The Georgia Court of Appeals reaffirmed that voluntary consent is key when determining whether DUI breathalyzer results are admissible in court.

In this case, Lisa Kendrick was stopped for driving under the influence in Cherokee County, where officers read her the implied consent notice before administering the test. Although Ms. Kendrick later claimed she was not fully informed of her Fourth Amendment rights, both the trial court and Appeals Court disagreed.

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