455 S.E.2d 383 | Ga. Ct. App. | 1995
Lead Opinion
Defendant was charged via a four-count accusation with driving under the influence of alcohol, driving with a suspended license, operating a motor vehicle with no insurance, and no proof of insurance. He filed a written pretrial motion in limine to exclude and suppress “any and all evidence . . . including any evidence of the Defendant’s alleged refusal to take a State administered chemical test and the results of any field sobriety test. . . .” Defendant contended that the arresting officer “did not inform the Defendant that as an out-of-state
The sole enumeration of error in the case sub judice is controlled by the recent whole court opinion in State v. Coleman, 216 Ga. App. 598 (455 SE2d 604) (1995). We find no error in the trial court’s ruling.
Judgment affirmed.
Concurrence Opinion
concurring specially.
I concur in the judgment of the majority affirming the trial court’s judgment. I write specially to point out two matters the majority fails to mention.
1. The appellee has moved this court to dismiss the State’s appeal on the ground that the ruling from which the State appeals is not one of those enumerated in OCGA § 5-7-1 entitling the State to bring an appeal. This motion is meritless. “[I]f a defendant moves before trial to exclude evidence on the ground that it was obtained in violation of law, the grant of such a motion — whatever its name — is subject to direct appeal on the part of the [SJtate.” State v. Strickman, 253 Ga. 287, 288 (319 SE2d 864) (1984). This is true regardless of whether it is obtained unlawfully because it violates the Constitution or regulations of the State Department of Public Safety. Id. This evidence — i.e., Renfroe’s refusal to take the test — was unlawfully obtained.
2. In addition to the issue controlled by this court’s decision in State v. Coleman, 216 Ga. App. 598 (455 SE2d 604) (1995), the trial court based its ruling excluding this evidence upon the arresting of