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Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional

Loaded on April 12, 2019 by Douglas Ankney published in Criminal Legal News May, 2019, page 20
Filed under: Constitution, U.S., Fifth Amendment, Constitution, state. Location: Georgia.

by Douglas Ankney

The Supreme Court of Georgia held that OCGA §§ 40-5-67.1(b) and 40-6-392(d), to the extent that they allow a defendant’s refusal to submit to a breath test to be admitted as evidence, violate Article I, Section I, Paragraph XVI (“Paragraph XVI”) of the Georgia Constitution.

Andrea Elliott ...

 

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  3. Police Not Required to Protect; Are They Required to Serve?, by Matthew Clarke
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  7. Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional, by Dale Chappell
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  17. Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional, by Douglas Ankney
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