Schlanger v. State

Evidence that defendant requested and received an independent blood test was relevant and admissible, especially since the defendant argued that the state test results were skewed and unreliable due to unknown storage conditions in route to the GBI lab.

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Following a jury trial, Herbert P. Schlanger appeals his convictions for DUI,1 reckless driving, and failure to maintain a lane. Schlanger contends that the trial court erred in denying his motion to suppress the results of his state-administered blood test; in admitting the results of the blood test over his chain of custody objection; in prohibiting Schlanger’s expert from testifying on an issue related to the reliability of the blood test; in curtailing Schlanger’s cross-examination of the arresting officer; in giving the jury an erroneous DUI charge; and in allowing the arresting officer to testify that Schlanger requested and received an independent blood test. Finally, Schlanger challenges the sufficiency of the evidence offered in support of his convictions. For the reasons set forth below, we vacate Schlanger’s sentence and remand this case to the trial court for resentencing in accordance with this opinion. We affirm the judgment in all other aspects. The evidence shows that on the evening in question, a Cobb County police officer responded to the scene of a single-car accident, where he encountered Schlanger standing outside of his overturned vehicle. The weather was clear, the traffic was light, and the off-ramp was dry at the time of the accident. Schlanger had nonetheless left the roadway while traveling on the off-ramp of the interstate and his vehicle had landed in the gore area off of the ramp.

The responding officer immediately noticed an odor of alcohol emanating from Schlanger’s person. He further observed that Schlanger’s speech was slurred, his eyes were bloodshot and watery, and he was unsteady on his feet. Schlanger admitted to the officer that he had consumed four liquor drinks in the three hours preceding the accident, although he claimed that the incident was a result of him having been cut-off by another driver. The officer saw no indication that another vehicle had been involved and there were no witnesses to the accident. Schlanger refused medical treatment from the responding emergency medical personnel.

Schlanger v. State

Evidence that defendant requested and received an independent blood test was relevant and admissible, especially since the defendant argued that the state test results were skewed and unreliable due to unknown storage conditions in route to the GBI lab.

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