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Rackoff v. State

The defendant had no right to counsel before he submitted to a breath test.

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Stewart Daniel Rackoff was accused of driving under the influence in a June 2001 incident. Rackoff appeals the trial court’s January 20, 2005 order denying his motion for discharge and acquittal on the grounds that the state violated his constitutional right to a speedy trial. He also claims the trial court erred by denying i his motion to strike the inspection certificate of the instrument used to perform his breath test and ii his motion to exclude the results of his breath test on the grounds that he was refused access to counsel. We discern no error and affirm. 1. Rackoff claims the trial court erred in denying his motion for discharge and acquittal on the grounds that he was denied his Sixth Amendment right to a speedy trial. We disagree.

In reviewing the trial court’s finding that Rackoff was not denied his constitutional right to a speedy trial, the issue is whether the trial court abused its discretion in balancing the four factors set forth in Barker v. Wingo , 407 U. S. 514 92 SC 2182, 33 LE2d 101 1972. State v. Johnson , 274 Ga. 511, 512 555 SE2d 710 2001. “Those four factors are 1 the length of the delay; 2 the reason for the delay and whether this is attributable to the defendant or the state; 3 the timeliness of the defendant’s assertion of the right to a speedy trial; and 4 prejudice to the defendant. These factors have no talismanic qualities; courts must still engage in a difficult and sensitive balancing process.” Citations and punctuation omitted. Id.

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