The Statev.Adeshye M. Oyeniyi
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.
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