Following the same “theme” at the Georgia Court of Appeals in Wallace v. State, 325 Ga. App. 142, 751 S.E. 2d 887 (2015), that intermediate-level appellate court ruled that a law enforcement officer’s statement to a driver in custody that a “yes” or “no” reply to the officer’s request for a breath test could be used against Wallace when the case came up in court was an incorrect, misleading and deficient advisement. This misstatement altered the substance of the implied consent notice and could have encouraged the detained man to act in a manner that he might not have acted, except for the misleading, additional statement. Wallace’s DUI attorney challenged this defective implied consent warning AND WON. Your response CAN and is used against you in your Georgia DUI trial.
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