State v. Barnard
321 Ga. App. 20
Ga. Ct. App.2013Background
- Barnard was arrested November 11, 2010 for making an improper u-turn and driving under the influence.
- The officer stopped Barnard, observed alcohol odor, slurred speech, unsteadiness, and conducted field sobriety and a breath test.
- Barnard had a North Carolina license, not a Georgia license.
- The officer testified he read the Georgia implied-consent notice to Barnard and she submitted to a breath test showing BAC 0.133.
- The trial court excluded the breath-test results, finding the warning given was not the correct implied-consent notice for a nonresident driver.
- The appellate court held the breath-test results should not have been excluded and reversed the trial court’s ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Implied-consent notice accuracy for nonresidents | Barnard (state) | Barnard | Exclusion not warranted; notice substantively accurate for decision making. |
| Authority over nonresident license suspensions | State | Barnard | DDS cannot suspend nonresidents; no basis to exclude based on license type. |
| Reading of appropriate implied-consent notice | State | Barnard | Officer read GA 21+ implied-consent notice; correct notice used. |
Key Cases Cited
- Chun v. State, 265 Ga. App. 530 (Ga. App. 2004) (reversed exclusion when officer read accurate implied-consent and answered questions)
- McHugh v. State, 285 Ga. App. 131 (Ga. App. 2007) (prior cases on substance of implied-consent warnings and admissibility)
- Deckard v. State, 210 Ga. App. 421 (Ga. App. 1993) (early guidance on implied-consent notices and admissibility)
- Kitchens v. State, 258 Ga. App. 411 (Ga. App. 2002) (discusses compliance with implied-consent notice requirements)
- Peirce, 257 Ga. App. 623 (Ga. App. 2002) (analysis of implied-consent notice and testimony)