Practice Area:DUI / DWI
Outcome:The Georgia Court of Appeals affirmed the lower court ruling and held the breath test was INADMISSABLE
Description:Defendant was arrested by the Gwinnett County Georgia Police for DUI. The officer read the implied consent notice at the time of arrest and the Defendant took a state administered breath test on the Intoximeter 3000 breath testing machine. After filing a Motion in Limine to exclude the breath test results, Mr. Nagel argued the breath test was inadmissable because the Implied Consent Warning was deficient. The trial court agreed, but the Solicitor appealed the ruling to the Georgia Court of Appeals.