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Robertsonv.State

CourtCourt of Appeals of Georgia
Docket No.A22A1286
DecidedFebruary 2, 2023
Reporter366 Ga. App. 623; 884 S.E.2d 33; 2023 Ga. App. LEXIS 48; 2023 WL 1461536
JudgesDoyle, P.J.; Pipkin, J., and Phipps, S.A.J., concurring.
Tags
CriminalDUIField Sobriety TestsState Constitutional Self-IncriminationMotion to SuppressBench TrialRetrial on DUI
Case Summary

After a citizen reported erratic driving, officers saw Norman Robertson cross a lane line, turn through a red light, and park across two spaces; they noted alcohol odor, bloodshot eyes and slurred speech. Robertson offered to get a rideshare, gave an emotional explanation involving his mother, and refused roadside sobriety tests. Following a bench trial, he was convicted of less-safe DUI, failure to obey a traffic control device and failure to maintain lane. He had waived a jury trial based on the court’s denial of his motion to suppress his test refusal under Georgia’s self-incrimination protection. The Court of Appeals of Georgia applied intervening Supreme Court precedent, Ammons, and held the refusal evidence should have been suppressed. Although the trial court did not cite the refusal in its findings, the State relied on it, Robertson offered another explanation for his driving, and harmless-error review could not cure a jury waiver based on the erroneous suppression ruling. The court affirmed the traffic convictions, vacated the suppression ruling as to the refusal and the DUI conviction, and remanded for a new suppression order under Ammons and a retrial on DUI.

Opinion

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