Sandy Springs

On July 1, 2006, the Sandy Springs Police Department began operations.  There is a notable increase in police presence in this area formerly patrolled by the Fulton County Police Department.  The Sandy Springs Municipal Court is in full swing at:  7840 Roswell Road, Building 500, Sandy Springs, GA 30530.  Jail cases are currently being heard at the Roswell Municipal Court.

Senate Bill 502

In 2005, SB 502 was introduced and passed in the Georgia Senate.  The Bill recodifies the entire Driving Under the Influence (DUI) statute and enacts a couple of significant changes.

The first change deals with refusal to submit to the state administered chemical test.  In the past, if a person refused testing, no test was sought by law enforcement.  Under the new statute, “if the person refuses to submit to the state administered test authorized by this Code section, nothing in this article shall be deemed to preclude the acquisition or admission of such evidence by any means authorized by the Constitution of laws of this state or of the United States.”  Proposed Section 40-5-202(f).  This new section may allow officers to collect blood without the consent of the party “acquisition” and allow it to be used in court.  If passed, this Section would certainly be challenged in the courts.

The second change alters the Implied Consent warning.  In past years, the Implied Consent warning has gone through many changes due to successful challenges in court by defense attorneys.  In State v. Leviner, 213 Ga.App. 99 (1994), the court struck down the warning as misleading, inaccurate and contained extraneous information.  The warning was changed after a challenge by an out-of-state driver where the warning was deficient on independent testing in State v. Causey, 215 Ga.App. 85 (1994).  Out-of-state drivers also won challenges in State v. Coleman, 216 Ga.App. 598 (1995) and State v. Deckard, 210 Ga.App. 421 (1993).

The proposed statute is Code Section 40-5-202(c).  If passed, this Section would undoubtedly be challenged in the courts.

This Bill has passed in the Senate and is now in House Second Readers.  To view the entire Bill, go to: www.legis.state.ga.us/legis/2005_06/fulltext/sb502.htm.

Probable Cause Cases:

State v. Sanders, 274 Ga. App. 393 (2005)

Sanders displayed glassy eyes, an odor of alcohol, admitted drinking, failed field sobriety tests and tested positive on the alco-sensor. Conversely, Sanders speech was normal and the arresting officer observed no impaired driving ability. The trial court’s suppression of the state-administered breath test due to lack of probable cause to arrest was affirmed by the Court of Appeals.

State v. Ellison, 271 Ga. App. 898 (2005)

Ellison was stopped at a roadblock, had a strong odor of alcohol, red, bloodshot, watery eyes, stumbled while exiting his vehicle and admitted drinking. The trial court suppressed the state-administered breath test, finding a lack of probable cause to arrest. The Court of Appeals upheld the trial court’s decision.

State v. Gray, 267 Ga. App. 753 (2004)

Gray was involved in a single-car traffic accident. She exhibited bloodshot eyes, appeared dazed, was unsteady on her feet, and tested positive on the alco-sensor. The Court of Appeals upheld the trial court’s ruling stating that; “[b]ecause none of these factors addressed whether Gray’s intoxication impaired her so that she was rendered a less safe driver, the trial court concluded that no probable cause supported the arrest and granted the motion.”

Implied Consent:

Howell v. State, 266 Ga. App. 480 (2004)

Howell was placed under arrest and read the Georgia Implied Consent notice. Howell refused to submit to the State-administered chemical test of his breath. He was taken to the station, placed in front of the breath testing device and told to blow. He registered a .179 and .180. The Court of Appeals held: “[Howell] was thus administered a breath test simply because he did not refuse to cooperate.” The trial court’s decision was reversed and the breath test was suppressed.

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