DUi checkpoint in cobb county

Motion to Suppress DUI Breathalyzer Results in a Georgia State Court

The Georgia Court of Appeals overturned a Cherokee County State Court decision that had previously suppressed the results of a DUI breathalyzer test.

In the original ruling, the trial court found that defendant Scott Depol was too impaired to voluntarily consent to testing, despite having probable cause for arrest. However, upon review of the police video footage, the Appeals Court concluded otherwise.

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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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