DiMauro v. State
310 Ga. App. 526
Ga. Ct. App.2011Background
- November 15, 2009, DiMauro was stopped on I-75 for speeding (96 mph) and an odor of alcohol was detected.
- He performed roadside breath test and two field sobriety tests after acknowledging drinking; the first officer attempted the tests, then summoned a second officer for HGN testing.
- DiMauro was not handcuffed and remained at the scene during a 20-minute wait for the second officer, during which he retrieved a jacket and walked around.
- Second officer performed HGN with six impairment clues; DiMauro was arrested and advised of implied consent; breath test at jail yielded 0.105 on the Intoxilyzer 5000.
- DiMauro moved to suppress the field sobriety results based on lack of Miranda warnings; he also sought a Uniform Act certificate to compel a Kentucky witness to testify about the Intoxilyzer source code.
- Trial court denied suppression; it denied the Uniform Act certificate based on Davenport (later reversed). The Court of Appeals affirmed suppression ruling but remanded on the Uniform Act issue to apply the correct standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether field sobriety test results were properly suppressed | DiMauro argues lack of Miranda warnings before tests violated rights. | State contends custody threshold not met; warnings not required for field tests at a traffic stop. | No error; suppression denial affirmed |
| Whether DiMauro was in custody for Miranda purposes during testing | DiMauro was detained during the wait for the second officer and testing, implying custody. | Detention was investigative and temporary; not custody, so Miranda not triggered. | Not clearly erroneous; custody occurred after tests completed |
| Whether the Uniform Act certificate should have been issued to secure a Kentucky witness | Witness is material to challenge source code; certificate warranted. | Court applied Davenport standard incorrectly; no certificate warranted. | Remand to apply correct material-witness standard; possible new trial |
Key Cases Cited
- Waters v. State, 306 Ga.App. 114 (2010) (Miranda custody rule for traffic stops; temporary detention not always custody)
- Harper v. State, 243 Ga.App. 705 (2000) (detention at traffic stop not necessarily an arrest; custody depends on reasonable belief of temporary nature)
- Davenport v. State, 303 Ga.App. 401 (2010) (Uniform Act standard; witness testifying from out of state)
- Davenport v. State, 289 Ga. 399 (2011) (Supreme Court reversed; defined 'material' witness under Uniform Act)
- Yeary v. State, 302 Ga.App. 535 (2010) (Supreme Court reversed related ruling on Yeary)
- Yeary v. State, 289 Ga. 394 (2011) (Supreme Court decision related to Yeary reversal)