X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The appellant, Tami Ferguson, appeals from her convictions for serious injury by vehicle, for three counts of driving under the influence, for driving with a suspended license, and for giving a false name to a law enforcement officer.1 On appeal, Ferguson contends that the trial court erred in denying her motion to suppress the results of the chemical tests performed on her blood. In this regard, Ferguson’s testing was not performed pursuant to probable cause to believe that she was driving under the influence. Instead, it was performed pursuant to the provision in OCGA § 40-5-55 a that requires chemical testing, even in the absence of probable cause, of anyone driving a motor vehicle who “is involved in any traffic accident resulting in serious injuries or fatalities.” Ferguson based her motion to suppress on her contention that this provision in § 40-5-55 a is unconstitutional, and contends on appeal that we should hold that the provision is unconstitutional and reverse the trial court’s denial of her motion to suppress. Because this Court recently held that OCGA § 40-5-55 is unconstitutional “to the extent that it requires chemical testing of the operator of a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities regardless of any determination of probable cause,”2 we hold that the trial court erred in denying Ferguson’s motion to suppress. Accordingly, Ferguson’s convictions for serious injury by vehicle and for driving under the influence must be reversed. However, we affirm her convictions for giving a false name to a law enforcement officer and for driving with a suspended license. Judgment affirmed in part and reversed in part . All the Justices concur .

 
Reprints & Licensing
Mentioned in a Law.com story?

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

More From ALM

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
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
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
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›