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San Francisco DUI Attorneys: Denial of Independent Chemical Test Triggers Suppression of Breath-Alcohol Test Results

Posted on in DUI

State of Georgia v. Davis , - S.E.2d - -, 2011 WL 1843166 (Ga.App.)

The State's breath test results were suppressed on the basis of a failure to reasonably accommodate the defendant's request for an independent test.

In rejecting the State's argument that Defendant withdrew her request for an independent blood test after the officer advised her that she would have to pay for the test but failed to allow her the opportunity to make other payment arrangements, the Court noted:

“[t]he police cannot escape the duty to reasonably accommodate individuals who have invoked the right to an additional test simply because such individuals fail to insist on alternatives, especially when they have not been instructed of their responsibility to make such arrangements and that failure to do so results in a waiver. It must be remembered that such individuals are in police custody and do not have free reign to dictate their own actions. Because of the very nature of the arrest, their faculties are often impaired, and their actions are largely dictated by the instructions given to them by the police."

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