Legal Opinion · Dissent

State v. Coleman

Court of Appeals of Georgia

Decided March 10, 1995No. A94A2234Published

1DissentMcMurray, Presiding Judge

I respectfully dissent as it is my view that Georgia’s Implied Consent law sufficiently apprises non-resident motorists suspected of drunk driving in Georgia of the consequences of the decision not to submit to a state-administered test for the presence of drugs or alcohol. Further, I believe the majority overrules the wrong case law in this instance. Rather than overrule factually distinguishable holdings in Anthony v. State, 211 Ga. App. 622, 624 (3) (441 SE2d 70), and State v. Reich, 210 Ga. App. 407, 408 (2) (436 SE2d 703), I would take this opportunity to overrule Deckard v. State, 210…

2Cases cited5 opinions

  1. Deckard v. StateCourt of Appeals of Georgia · 1993
  2. Anthony v. StateCourt of Appeals of Georgia · 1993
  3. Massaro v. DolanColorado Court of Appeals · 1975
  4. State v. ReichCourt of Appeals of Georgia · 1993
  5. O'Connor v. TofanyNew York Supreme Court · 1972

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