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State v. Domenge-Delhoyo

The trial court erred in concluding that the defendant did not actually consent to the state-administered blood test under the totality of the circumstances.

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In this DUI and hit-and-run case, the State appeals from the trial court’s order granting Monique Domenge-Delhoyo’s motion to suppress the results of a state-administered blood test. The State asserts that the trial court erred in concluding that Domenge-Delhoyo did not actually consent to the state-administered blood test under the totality of the circumstances. For the reasons explained below, we agree and reverse.

In this Court’s review of a trial court’s grant or denial of a motion to suppress, the trial court’s findings on disputed facts will be upheld unless clearly erroneous, and its application of the law to undisputed facts is subject to de novo review. Cit. Barrett v. State, 289 Ga. 197, 200 1 709 SE2d 816 2011. See also Hughes v. State, 296 Ga. 744, 746 1 770 SE2d 636 2015; State v. Bowman, Ga. App. Slip op. at 1-2 Case No. A16A0555, decided June 7, 2016. Based upon the video recording of Domenge-Delhoyo’s encounter with the police at the time of her arrest and the reading of the implied consent warning, we will conduct a de novo review of this issue. See State v. Depol, 336 Ga. App. 191 784 SE2d 51 2016 conducting de novo review of defendant’s actual consent to breath test because controlling facts are undisputed because they are plainly discernable from the patrol car mounted video recording Citations and punctuation omitted.

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