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Violation of Georgia implied consent law required suppression even of Constitutions did not

By John Wesley Hall, Jr.

Georgia implied consent statute requires notice of right to refuse and consequences. Here, there was no probable cause for a blood test, just a triggering effect of an accident with death. State v. Morgan, 2008 Ga. App. LEXIS 189 (February 22, 2008): The implied consent statute affords a suspect the opportunity to refuse to submit to a state-administered test of his blood, urine or other bodily substances. The right of refusal is reinforced by the express language of OCGA § 40-5-67.1(d), which provides in relevant part that if a person under arrest or a person who was involved in any traffic accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given...continue to full post

Full post as published by Fourth Amendment on February 25, 2008 (boomark / email).