The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Cameron Davisv.The State

CourtCourt of Appeals of Georgia
Docket No.A15A0324
DecidedJune 12, 2015
Reporter332 Ga. App. 488; 773 S.E.2d 442
JudgesPresiding Judge Andrews, Judge Miller, and Judge Branch; Branch authored
Tags
CriminalCriminal ProcedureFourth AmendmentTraffic StopSearch and SeizureMotion to SuppressStatutory InterpretationRemand
Case Summary

After an Athens traffic stop, a bench trial resulted in Davis’s convictions on two DUI counts and reckless driving. He challenged the denial of his motion to suppress the results of a state-administered blood test, arguing that his agreement resulted only from Georgia’s implied-consent notice and was not voluntary consent under the Fourth Amendment or Georgia Constitution. The stipulated facts showed that Davis refused a breath test, preferred a blood test, and agreed to the blood draw after the officer arrested him and read the implied-consent notice twice. While Davis’s appeal was pending, the Georgia Supreme Court decided Williams v. State, holding that a DUI defendant challenging a warrantless blood test is entitled to a case-specific determination whether the consent was voluntary. The Georgia Court of Appeals held that Williams controlled. It vacated the suppression order and conviction, returning the case for a finding on whether Davis made an uncoerced choice to submit to testing, considering all surrounding circumstances. The court did not decide the ultimate admissibility of the blood-test results or the merits of the DUI charges.

Opinion

Loading published copy…

The Far Side
Cameron Davis v. The State — The Atlanta Gleaner