Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Jung

The evidence supported the trial court's conclusion under the totality of the circumstances that the defendant lacked the capacity to consent to the State-administered breath test based upon his confusion and high level of intoxication; accordingly, the Court affirmed the grant of the defendant's motion to suppress the results of the test in his trial for several DUI-related offenses.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In February 2015, Jae Sun Jung was charged with several DUI-related violations. Following a hearing, the trial court granted Jung’s motion to suppress the results of the state-administered test of his breath. The State appeals from that order, asserting that the trial court erred in finding that Jung did not voluntarily consent to the test. For the reasons set forth below, we affirm.

When a motion to suppress is heard by the trial judge, that judge sits as the trier of facts. Citation and punctuation omitted. Hughes v. State, 296 Ga. 744, 746 770 SE2d 636 2015. In reviewing the trial court’s ruling on a motion to suppress, an appellate court generally must accept those findings unless they are clearly erroneous and must construe the evidentiary record in the light most favorable to the factual findings and judgment of the trial court. Id. In addition, an appellate court generally must limit its consideration of the disputed facts to those expressly found by the trial court. Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
(NEW) JUNIOR-MID LEVEL LITIGATION ASSOCIATE WANTED FOR ELITE LITIGATION BOUTIQUE FIRM (Atlanta, GA)

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›
CORPORATE ASSOCIATE - CT or Remote

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›
Senior Associate - Boutique -A&D (NYC)

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›
Go to Lawjobs