O.C.G.A.

O.C.G.A. § 35-3-154 (2019)

Division requirements

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

The division shall: (1) Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification; (2) Adopt rules and regulations as required by law; and (3) In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator’s certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment.

History

Code 1981, § 35-3-154, enacted by Ga. L. 1997, p. 1421, § 3. Administrative rules and regulations. - Implied consent, Official Compi-

lation of the Rules and Regulations of the State of Georgia, Georgia Bureau of Investigation, Chapter 92-3.

Annotations

JUDICIAL DECISIONS Application to blood alcohol tests. - Under O.C.G.A. § 35-3-154, department of forensic sciences need not administratively approve the use of the gas chromatograph or standards for the gas chromatograph’s operation and mainte-

nance in order for results of the tests to be admissible. Price v. State, 269 Ga. 222, 498 S.E.2d 262 (1998). Cited in State v. Bowen, 274 Ga. 1, 547 S.E.2d 286 (2001).

Notes of Decisions

Cited in 2 cases, 2000–2001 · leading case: State v. Bowen, 547 S.E.2d 286 (Ga. 2001).

Sort: Relevance Newest Treatment

State v. Bowen, 547 S.E.2d 286 (Ga. 2001). · cites it 10× “In addition, the division is required to promulgate rules and regulations to further these objectives, OCGA § 35-3-154, and to “provide for the training and certification of operators of such breath test equipment.”

State v. Bowen, 537 S.E.2d 417 (Ga. Ct. App. 2000). · cites it 4× “Thus, the majority's review of the language of the older statute for "legislative intent" makes little sense.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.