Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

State v. Garnett

Officer's failure to read the last word of the implied consent warning did not alter warning's substance such that defendant's refusal to submit to blood testing should be suppressed.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The State appeals from the trial court’s order granting Gordon Garnett’s motion to suppress evidence of his refusal to submit to a state-administered test of his blood. Because we find the trial court erroneously interpreted the word “entirety” in OCGA § 40-5-67.1 b, we reverse.

On September 16, 1997, a police officer arrested Garnett for driving under the influence of alcohol in violation of OCGA § 40-6-391 a 1 and read him the implied consent warning from a pink card. During the motion to suppress hearing, the police officer was asked to read from the card as he read to Garnett on the evening of Garnett’s arrest. The hearing transcript shows that the officer omitted the last word, “law,” of the implied consent warning during this testimony.1 In its order granting the motion to suppress, the trial court found that the implied consent warning on the officer’s pink card “contains the exact language of the warning that must be given.” However, because the transcript showed that the officer omitted the last word when he read the card during the hearing, the trial court ruled that he did not give the warning to Garnett in its “entirety.” It then ruled that it was required to suppress evidence of Garnett’s refusal to submit to a blood test because the officer omitted a word during his testimony, even though it also found that the omission of this word did not alter the substance of the required warning. Under the trial court’s interpretation of OCGA § 40-5-67.1 b, our courts cannot consider whether the substance of the warning has been changed if a word is omitted because the warning has consequently not been given in its “entirety.”

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
New York Legal Awards 2024
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
African Legal Awards 2024
September 06, 2024
Johannesburg

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


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Deputy Chief Attorney

The Forest Preserves of Cook CountyIs seeking applicants forDeputy Chief Attorney The Forest Preserves of Cook County is seeking a detail-o...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements