Legal Opinion
Elliott v. State
Supreme Court of Georgia
Decided February 18, 2019No. S18A1204PublishedCited by 1 opinion
1Opinion of the Court
305 Ga. 179
FINAL COPY S18A1204. ELLIOTT v. THE STATE. PETERSON, Justice. The State is prosecuting Andrea Elliott for driving under the influence of alcohol. When Elliott was arrested, she refused to submit to a breath test. Georgia statutes allow the State to use her refusal against her in her criminal trial, and the State has sought to do precisely that. The United States Supreme Court has held that the Fifth Amendment to the United States Constitution does not bar the State from using such a refusal, in part because the Fifth Amendment gives Elliott no right to refuse to act in the first…
2Cases cited166 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Albright v. OliverSupreme Court of the United States · 1994
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
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3Cited by1 opinion
- Diante Lamont Thompson v. StateCourt of Appeals of Georgia · 2023