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217 Ga. App. 430

State v. Adebogun

Court of Appeals of Georgia

Decided May 11, 1995

Court of Appeals of Georgia · decided 1995-05-11

Relies on State v. Causey · State v. Hassett · 216 Ga. App. 325 - State v. Harrison

Decided 1995-05-11

Pope, Presiding Judge.

¶1Defendant was charged with driving under the influence, driving with an unlawful alcohol concentration and failure to maintain his lane. The trial court granted defendant’s motion to suppress the results of a state-administered breath test, based on the arresting officer’s failure to advise defendant of his right to have an additional test administered by a qualified person of his own choosing, and the State appeals.

¶2The State acknowledges this case is controlled by our recent decision in State v. Causey, 215 Ga. App. 85 (449 SE2d 639) (1994) but, incorporating the arguments made in the State’s petition for certiorari in the Supreme Court, urges that Causeybe overruled. However, on February 10, 1995, the Supreme Court denied the State’s petition for certiorari in Causey, and the State’s arguments do not convince us that Causeyis unsound and should be overruled.

¶3It is uncontroverted that the arresting officer in this case did not inform defendant of his right to an additional test administered by a *431qualified person of his own choosing. It follows that the trial court did not err in granting defendant’s motion to exclude the results of the state-administered breath test. State v. Harrison, 216 Ga. App. 325 (453 SE2d 820) (1995); State v. Hassett, 216 Ga. App. 114 (453 SE2d 508) (1995); Causey, 215 Ga. App. at 86.

Decided May 11, 1995.Gerald N. Blaney, Jr., Solicitor, Richard E. Thomas, Assistant Solicitor, for appellant.Clifton S. Fuller, Jr., Spruell & Dubuc, Billy L. Spruell, Melinda D. Taylor, for appellee.

¶4Judgment affirmed.

Beasley, C. J., and Ruffin, J., concur.
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