335 Ga. App. 679
Ga. Ct. App.2016Background
- In Jan. 2014 Frances Farmer (a Rockdale County deputy) crashed her truck into a tree; two passengers were injured and taken to the hospital.
- A Georgia State Trooper arrived ~30 minutes later, found Farmer in a patrol car, smelled alcohol, observed watery eyes, administered HGN (6 clues) and an Alco-Sensor (positive).
- Trooper arrested Farmer for DUI, read Implied Consent notice, and asked if she would submit to a breath test; Farmer initially said she would take a urine test but then agreed to the State-designated breath test.
- The trooper asked if she wanted an independent test; Farmer replied the breath test was fine and made a statement she was “screwed either way,” never expressly requesting an independent test.
- Intoxilyzer 5000 breath tests returned .171 and .180. Farmer moved to suppress the State-administered breath results for lack of an independent test; the trial court denied the motion and she was convicted following a stipulated bench trial.
Issues
| Issue | Farmer's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Farmer’s statements invoked the statutory right to an independent chemical test | Farmer contends her statements and request for a urine test amounted to a request for an independent test, so the State’s breath results should be suppressed | State argues Farmer only asked that the State administer a urine (designated) test and never requested an independent test, so breath results are admissible | Court held Farmer did not request an independent test; denial of suppression affirmed |
Key Cases Cited
- State v. Walker, 295 Ga. 888 (statement on appellate review of suppression rulings and mixed questions of law/fact)
- Hughes v. State, 296 Ga. 744 (same standard for review of suppression rulings)
- Waterman v. State, 299 Ga. App. 630 (an accused’s right to an independent test is invoked by some statement reasonably construed as a request for an independent test)
- Brooks v. State, 285 Ga. App. 624 (look to surrounding circumstances and not isolated semantics when assessing request for independent test)
- Anderton v. State, 283 Ga. App. 493 (statement requesting a particular specimen type is a request that the State designate that test, not a request for an independent test)
- England v. State, 302 Ga. App. 12 (expressing preference for a different specimen does not equal requesting an independent test)
- McGinn v. State, 268 Ga. App. 450 (contrast: defendant expressly requested an independent test and re-initiated discussion; suppression required)