ALS hearing in Georgia

5 Georgia opinions name it 1 courts 2010–2018 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 (6)

Case	Followed	Cited
Vega v. Stategreen ga · 2009 · cited in 2 Georgia opinions naming this issue, 2014–2014 2 sentences 2014Although Flading conducted a thorough cross- examination of Officer Ott regarding various reasons why the Final Decision may have been filed with the Department of Driver Services “that have nothing to do with Mr. Flading’s actual decision to plead guilty,” “[i]t was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.” (Citation and punctuation omitted.) Vega v. State, 285 Ga. 32, 33 (1) ( 673 SE2d 223 ) (2009). 2014Although Flading conducted a thorough cross- examination of Officer Ott regarding various reasons why the Final Decision may have been filed with the Department of Driver Services “that have nothing to do with Mr. Flading’s actual decision to plead guilty,” “[i]t was for the jury to determine the credibility of the witnesses and to resolve any conflicts or inconsistencies in the evidence.” (Citation and punctuation omitted.) Vega v. State, 285 Ga. 32, 33 (1) ( 673 SE2d 223 ) (2009).	2	2
Sheffield v. Stategreen gactapp · 1987 · cited in 2 Georgia opinions naming this issue, 2014–2014 2 sentences 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001). 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001).	2	2
Wyatt v. Stategreen gactapp · 1986 · cited in 2 Georgia opinions naming this issue, 2014–2014 2 sentences 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001). 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001).	2	2
Tolbert v. Stategreen gactapp · 1994 · cited in 1 Georgia opinions naming this issue, 2014–2014 2 sentences 2014See, e.g., Tolbert v. State, 215 Ga. App. 113, 115 (2) ( 449 SE2d 671 ) (1994). 2014See, e.g., Tolbert v. State, 215 Ga. App. 113, 115 (2) ( 449 SE2d 671 ) (1994).	1	1
Manigo v. Johnsongreen gactapp · 1999 · cited in 1 Georgia opinions naming this issue, 2010–2010 2 sentences 2010See American Cyanamid Co. v. Carter, 164 Ga. App. 538, 540 ( 298 SE2d 276 ) (1982) (where construction company settled employee’s claim against it subsequent to its filing of notice of appeal, appeal was moot); see also Manigo v. Johnson, 241 Ga. App. 676 (3) ( 527 SE2d 282 ) (1999) (defendant’s motion to compel was dismissed as moot after plaintiff responded to discovery sought by defendant in his motion to compel). 2010See American Cyanamid Co. v. Carter, 164 Ga. App. 538, 540 ( 298 SE2d 276 ) (1982) (where construction company settled employee’s claim against it subsequent to its filing of notice of appeal, appeal was moot); see also Manigo v. Johnson, 241 Ga. App. 676 (3) ( 527 SE2d 282 ) (1999) (defendant’s motion to compel was dismissed as moot after plaintiff responded to discovery sought by defendant in his motion to compel).	1	1
American Cyanamid Co. v. Cartergreen gactapp · 1982 · cited in 1 Georgia opinions naming this issue, 2010–2010 2 sentences 2010See American Cyanamid Co. v. Carter, 164 Ga. App. 538, 540 ( 298 SE2d 276 ) (1982) (where construction company settled employee’s claim against it subsequent to its filing of notice of appeal, appeal was moot); see also Manigo v. Johnson, 241 Ga. App. 676 (3) ( 527 SE2d 282 ) (1999) (defendant’s motion to compel was dismissed as moot after plaintiff responded to discovery sought by defendant in his motion to compel). 2010See American Cyanamid Co. v. Carter, 164 Ga. App. 538, 540 ( 298 SE2d 276 ) (1982) (where construction company settled employee’s claim against it subsequent to its filing of notice of appeal, appeal was moot); see also Manigo v. Johnson, 241 Ga. App. 676 (3) ( 527 SE2d 282 ) (1999) (defendant’s motion to compel was dismissed as moot after plaintiff responded to discovery sought by defendant in his motion to compel).	1	1

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

Case	Cited	Years
Flading v. State green gactapp · 2014 2 sentences 2018In support, Smith cites us to Flading v. State , 327 Ga. App. 346 , 759 S.E.2d 67 (2014), a DUI case in which we approved admission of a similar agreement reached between the defendant and the arresting officer prior to the ALS hearing. 2018In support, Smith cites us to Flading v. State , 327 Ga. App. 346 , 759 S.E.2d 67 (2014), a DUI case in which we approved admission of a similar agreement reached between the defendant and the arresting officer prior to the ALS hearing.	2	2017–2018
Hunter v. State green gactapp · 1989 2 sentences 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001). 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001).	2	2014–2014
Swain v. State green gactapp · 2001 2 sentences 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001). 2014Flading first argues that Georgia courts have a long-standing prohibition against introducing evidence from an ALS hearing, citing several cases in support: Wyatt v. State, 179 Ga. App. 327 ( 346 SE2d 387 ) (1986); Sheffield v. State, 184 Ga. App. 141 ( 361 SE2d 28 ) (1987) (physical precedent only); Hunter v. State, 191 Ga. App. 769 ( 382 SE2d 679 ) (1989); and Swain v. State, 251 Ga. App. 110 ( 552 SE2d 880 ) (2001).	2	2014–2014
Miles v. Ahearn green gactapp · 2000 2 sentences 2010Thereafter, “[t]he motorist may request an administrative hearing to challenge the suspension.” (Footnote omitted.) Id. 2 In light of our disposition in this case, Abernathy’s motion to supplement the record and motion to dismiss the appeal are denied as moot. 3 Appellants’ counsel stated that he also served subpoenas on the arresting officers. 4 The record shows that Santasiero withdrew his request for an ALS hearing by reaching an agreement with the arresting officer, such that “[i]n exchange for the arresting officer’s withdrawal of [Form 1205], Santasiero shall enter a plea of guilty to . 2010Thereafter, “[t]he motorist may request an administrative hearing to challenge the suspension.” (Footnote omitted.) Id. 2 In light of our disposition in this case, Abernathy’s motion to supplement the record and motion to dismiss the appeal are denied as moot. 3 Appellants’ counsel stated that he also served subpoenas on the arresting officers. 4 The record shows that Santasiero withdrew his request for an ALS hearing by reaching an agreement with the arresting officer, such that “[i]n exchange for the arresting officer’s withdrawal of [Form 1205], Santasiero shall enter a plea of guilty to .	1	2010–2010

Statutes the citing opinions construe

GA § 40-5-67.1 (4) GA § 40-6-391 (4) GA § 24-4-403 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

ID 15 (2009–2024) OH 10 (1997–2011) NH 5 (2003–2025) GA 5 (2010–2018) VA 2 (1995–1997)

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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