Georgia Suppression of Breath Test Result

I represented a guy that was arrested for DUI while driving his motorcycle. According to the police he was driving on a curvy country road between 90 mph and 110 mph. He almost wrecked his motorcycle during the chase. Defendant almost dropped his motorcycle when he got off of it.

Defendant got into a heated argument with the police and was arrested for DUI, FTML, speeding, and reckless driving. Defendant blew a 0.125 in the Intoxilyzer 5000. Defendant requested an independent test of his blood. The arresting officer testified that D refused to give his social security number to the hospital personnel which is why the hospital would not give him an independent test.

I called witnesses from the hospital to prove that a social security number is not required for an independent test or any type of treatment at the hospital. Defendant testified that the officer was asking for his social security number and that the officer removed him from the hospital for not cooperating with the officer. The trial court ruled that the hospital personnel and the Defendant were credible and the arresting officer was not.

The trial court suppressed the test result of Defendant's breath for the police officer's failure to accommodate Defendant's request for an independent test. The DUI was dismissed and Defendant entered a plea to traffic violations. Defendant's job was saved as a result of the DUI being dismissed.

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