alcohol test (Georgia) · Go Syfert
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alcohol test in Georgia

5 Georgia opinions name it 1 courts 1973–1998 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Daniel v. Stategreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Had the State justified the search as performed incident to an arrest with probable cause, such evidence should have been admitted by the trial court. 3 See, e.g., Mullinax v. State, 231 Ga. App. 534, 535 (2) ( 499 SE2d 903 ) (1998); Hamilton v. State, 228 Ga. App. 285, 287 (4) ( 491 SE2d 485 ) (1997); and Daniel v. State, 227 Ga. App. 92, 93 ( 488 SE2d 129 ) (1997). 4 This Court previously has noted that Georgia’s implied consent statute accurately portrays the consequences of refusing an alcohol test, thereby allowing the driver to make a truly informed decision regarding whether to consent.

1998Had the State justified the search as performed incident to an arrest with probable cause, such evidence should have been admitted by the trial court. 3 See, e.g., Mullinax v. State, 231 Ga. App. 534, 535 (2) ( 499 SE2d 903 ) (1998); Hamilton v. State, 228 Ga. App. 285, 287 (4) ( 491 SE2d 485 ) (1997); and Daniel v. State, 227 Ga. App. 92, 93 ( 488 SE2d 129 ) (1997). 4 This Court previously has noted that Georgia’s implied consent statute accurately portrays the consequences of refusing an alcohol test, thereby allowing the driver to make a truly informed decision regarding whether to consent.

11
Roberson v. Stategreen
gactapp · 1997 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Roberson v. State, 228 Ga. App. 416, 419 ( 491 SE2d 864 ) (1997).

1998Roberson v. State, 228 Ga. App. 416, 419 ( 491 SE2d 864 ) (1997).

11
Hamilton v. Stategreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Had the State justified the search as performed incident to an arrest with probable cause, such evidence should have been admitted by the trial court. 3 See, e.g., Mullinax v. State, 231 Ga. App. 534, 535 (2) ( 499 SE2d 903 ) (1998); Hamilton v. State, 228 Ga. App. 285, 287 (4) ( 491 SE2d 485 ) (1997); and Daniel v. State, 227 Ga. App. 92, 93 ( 488 SE2d 129 ) (1997). 4 This Court previously has noted that Georgia’s implied consent statute accurately portrays the consequences of refusing an alcohol test, thereby allowing the driver to make a truly informed decision regarding whether to consent.

1998Had the State justified the search as performed incident to an arrest with probable cause, such evidence should have been admitted by the trial court. 3 See, e.g., Mullinax v. State, 231 Ga. App. 534, 535 (2) ( 499 SE2d 903 ) (1998); Hamilton v. State, 228 Ga. App. 285, 287 (4) ( 491 SE2d 485 ) (1997); and Daniel v. State, 227 Ga. App. 92, 93 ( 488 SE2d 129 ) (1997). 4 This Court previously has noted that Georgia’s implied consent statute accurately portrays the consequences of refusing an alcohol test, thereby allowing the driver to make a truly informed decision regarding whether to consent.

11
Mullinax v. Stategreen
gactapp · 1998 · cited in 1 Georgia opinions naming this issue, 1998–1998
2 sentences

1998Had the State justified the search as performed incident to an arrest with probable cause, such evidence should have been admitted by the trial court. 3 See, e.g., Mullinax v. State, 231 Ga. App. 534, 535 (2) ( 499 SE2d 903 ) (1998); Hamilton v. State, 228 Ga. App. 285, 287 (4) ( 491 SE2d 485 ) (1997); and Daniel v. State, 227 Ga. App. 92, 93 ( 488 SE2d 129 ) (1997). 4 This Court previously has noted that Georgia’s implied consent statute accurately portrays the consequences of refusing an alcohol test, thereby allowing the driver to make a truly informed decision regarding whether to consent.

1998Had the State justified the search as performed incident to an arrest with probable cause, such evidence should have been admitted by the trial court. 3 See, e.g., Mullinax v. State, 231 Ga. App. 534, 535 (2) ( 499 SE2d 903 ) (1998); Hamilton v. State, 228 Ga. App. 285, 287 (4) ( 491 SE2d 485 ) (1997); and Daniel v. State, 227 Ga. App. 92, 93 ( 488 SE2d 129 ) (1997). 4 This Court previously has noted that Georgia’s implied consent statute accurately portrays the consequences of refusing an alcohol test, thereby allowing the driver to make a truly informed decision regarding whether to consent.

11
Duckett v. Stategreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 1997–1997
2 sentences

1997OCGA § 40-6-392 (a) (3); see Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 ) (1992).

1997OCGA § 40-6-392 (a) (3); see Duckett v. State, 206 Ga. App. 651 ( 426 SE2d 271 ) (1992).

11
State v. Colemangreen
gactapp · 1995 · cited in 1 Georgia opinions naming this issue, 1996–1996
2 sentences

1996We agree. “[T]he State of Georgia cannot control or know for certain what other states will do [in response to a refusal to submit to an alcohol test] . . . and the rule regarding warnings for out-of-state residents certainly should not depend on which foreign state the driver is from and how that state handles such situations.” State v. Coleman, 216 Ga. App. 598, 599 ( 455 SE2d 604 ) (1995).

1996We agree. “[T]he State of Georgia cannot control or know for certain what other states will do [in response to a refusal to submit to an alcohol test] . . . and the rule regarding warnings for out-of-state residents certainly should not depend on which foreign state the driver is from and how that state handles such situations.” State v. Coleman, 216 Ga. App. 598, 599 ( 455 SE2d 604 ) (1995).

11
Johnson v. Stategreen
gactapp · 1972 · cited in 1 Georgia opinions naming this issue, 1973–1973
2 sentences

1973See Johnson v. State, 125 Ga. App. 607 (2) ( 188 SE2d 416 ), with three judges dissenting, to wit, Judges Hall, Eberhardt and Pannell.

1973See Johnson v. State, 125 Ga. App. 607 (2) ( 188 SE2d 416 ), with three judges dissenting, to wit, Judges Hall, Eberhardt and Pannell.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Morgan v. State green
ga · 1996
2 sentences

1998Piast’s reliance on Morgan v. State, 267 Ga. 203 ( 476 SE2d 747 ), is misplaced.

1998Piast’s reliance on Morgan v. State, 267 Ga. 203 ( 476 SE2d 747 ), is misplaced.

11998–1998

Where else courts name it

OH 26 (1975–2026) CA 18 (1957–2026) PA 15 (1983–2023) MD 8 (2006–2024) IL 7 (1986–2002) TX 6 (2006–2025) NY 6 (1925–2014) GA 5 (1973–1998) OK 5 (1953–2023) WI 4 (1986–2021) CO 4 (1987–2024) MN 4 (1972–2015) FL 3 (1988–2025) HI 3 (1999–2002) MT 3 (1991–2006) ID 3 (1958–2017) MS 3 (1993–2009) TN 3 (2005–2017) VA 2 (1986–2000) CT 2 (1998–1999) MO 2 (1975–2000) AR 2 (1980–2025) VT 2 (2013–2013) NH 2 (2007–2015) KS 2 (1999–2008) LA 2 (1975–1990) ND 2 (1992–1994) DE 2 (2012–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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