car crash

Overwhelming Evidence Negates Trial Court Error in DUI Case

The Georgia Court of Appeals upheld a DUI conviction despite the defendant’s claim that a 911 recording violated her right to confront the witness.

The case stemmed from an accident in DeKalb County, where the defendant hit another vehicle while making a right turn. The other driver’s 911 call — “I just got hit. This lady just ran into my car” — was used as evidence during trial. The defense objected, arguing that the statement was “testimonial in nature” and that the State failed to present the driver as a witness.

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steering wheel close up

Knowing is not Part of Voluntary Consent

The Georgia Court of Appeals clarified how voluntary consent applies in DUI breath test cases, reversing a Gwinnett State Court decision.

The defendant had been charged with DUI – less safe, DUI unlawful alcohol concentration, and following too closely after an accident. The trial court granted his motion to suppress evidence, ruling that his limited understanding of English meant he did not provide “actual, knowing, and voluntary consent” for the breathalyzer test.

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