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Brooks v. State, 285 Ga.App. 624, 647 S.E.2d 328

Case Conclusion Date: 05.31.2007

Practice Area: DUI & DWI

Outcome: Because Brooks abandoned his right to an independent test, his breath test results were properly admitted by the trial court.

Description: On December 18, 2005 at approximately 4:00 a.m., a police officer observed Brooks impeding the flow of traffic on I-285 by driving below the 40 mile per hour minimum speed limit. After stopping Brooks, the officer approached the vehicle, spoke with Brooks, and noticed a strong odor of alcoholic beverage. Brooks denied drinking. The officer had Brooks step out of the vehicle. He conducted field sobriety evaluations. He determined that Brooks' performance was “pitiful.” The officer placed Brooks under arrest and told Brooks he was being charged with DUI. Brooks immediately exclaimed, “No, please, can I get a blood test?” The officer then made his first attempt to read Brooks the implied consent notice. He was unable to successfully read the entire notice because Brooks constantly interrupted, attempting to convince the officer that he was not driving under the influence. The officer then read the implied consent notice another time. Again he was constantly interrupted by Brooks, who said he did not understand what was being read. Brooks finally took the breath test. The officer claimed that he asked Brooks if he wanted his independent test, and Brooks could not recall if that happened or not.

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