State v. PADIDHAM
310 Ga. App. 839
| Ga. Ct. App. | 2011Background
- Padidham was stopped for speeding on February 12, 2009; officer detected odor of alcohol and bloodshot eyes.
- Padidham submitted to field sobriety tests; alco-sensor device was brought to the scene while an arrest decision was contemplated.
- Eight to ten minutes later, Padidham provided a breath sample showing alcohol; he was placed under arrest for DUI and read implied consent after custody.
- At the jail, around 2:11 a.m., Padidham underwent an Intoxilyzer 5000 breath test yielding 0.129 and 0.126; results not provided until 10:00 a.m.
- Padidham moved to suppress the alco-sensor result (claimed custody and Miranda concerns) and the Intoxilyzer results (claimed lack of immediate disclosure and right to an independent test).
- Trial court suppressed the alco-sensor result, finding Padidham in custody and not properly advised; it also suppressed the Intoxilyzer results for delay in disclosure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Padidham in custody for Miranda purposes during the alco-sensor test? | Padidham argues custody at time of testing. | State contends he was not in custody; stop was temporary. | Not in custody; alco-sensor admissible. |
| Are the Intoxilyzer 5000 results admissible given disclosure timing? | Padidham argues immediate disclosure required by procedure. | State argues compliance with approved methods; immediate copy not required. | Admissible; deviation affects weight, not admissibility. |
Key Cases Cited
- Waters v. State, 306 Ga.App. 114 (2010) (custody and Miranda timing at traffic stops)
- Norris v. State, 281 Ga.App. 193 (2006) (custody analysis for Miranda at stops)
- Harper v. State, 243 Ga.App. 705 (2000) (test for custody during detention)
- Pierce v. State, 266 Ga.App. 233 (2004) (detention vs. arrest and suppression standards)
- Palmaka v. State, 266 Ga.App. 595 (2004) (methods for breath tests and admissibility considerations)
- Dixon v. State, 267 Ga.App. 320 (2004) (custody and suppression context at DUI stops)
- Naik v. State, 259 Ga.App. 603 (2003) (GBI-adopted method for breath testing)
- Ponce v. State, 279 Ga.App. 207 (2006) (evidentiary treatment of breath test results)