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The Statev.Adeshye M. Oyeniyi

CourtCourt of Appeals of Georgia
Docket No.A15A1724
DecidedFebruary 4, 2016
Reporter335 Ga. App. 575; 782 S.E.2d 476
JudgesFourth Division; Presiding Judge Ray and Judges McMillian and Mercier; Ray authored
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureTraffic StopStatutory InterpretationReversal
Case Summary

The State appealed an order suppressing the results of a state-administered breath test obtained after Adeshye Oyeniyi’s arrest for driving under the influence. The trial court found Georgia’s implied-consent notice for drivers age twenty-one or older inaccurate and coercive because it described a possible license suspension. The Court of Appeals of Georgia reversed. It held that the notice tracked OCGA § 40-5-67.1(b)(2) and correctly informed an arrestee that refusal could lead to a one-year suspension. The fact that other administrative provisions governed the eventual suspension did not make the notice misleading or unlawful. The trial court therefore erred in suppressing the test results.

Opinion

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The State v. Adeshye M. Oyeniyi — The Atlanta Gleaner