240 Ga. App. 267 - State v. Becker’s Empirical Analysis

Citation profile

13 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “whether the notice given was substantively accurate so as to permit the driver to make an informed decision about whether to consent to testing. In Garrett v. Dept. of Public Safety, [ 237 Ga. 413, 415 (2) ( 228 SE2d 812 ) (1976),] we recognized that the purpose of the implied consent law is to notify drivers of their rights so that they can make informed decisions. Accordingly, we have suppressed the results of chemical tests where the driver was misinformed of his rights and where that misinformation may have affected his decision to consent. In State v. Coleman, [ 216 Ga. App. 598, 599 ( 455 SE2d 604 ) (1995),] for example, we held that suppression was required where an out-of-state driver was wrongly told that he would lose his driver’s license if he refused testing. Likewise, we have suppressed evidence of the driver’s refusal to consent where that refusal may have resulted from misleading information. In State v. Terry, [ 236 Ga. App. 248 ( 511 SE2d 608 ) (1999),] for instance, we affirmed the suppression of evidence of a driver’s refusal to take a blood test where police falsely informed her that obtaining bond was a pre-condition to independent testing. We agreed with the trial court that the misinformation was confusing and could have affected the driver’s decision to refuse testing.”

   1 later decision quote this exact passage
   e.g. 258 Ga. App. 411 - Kitchens v. State