Legal Opinion

State v. Hopkins

Court of Appeals of Georgia

Decided May 28, 1998No. A98A1186PublishedCited by 8 opinions

1Opinion of the Court

Birdsong, Presiding Judge.

The State appeals from the trial court’s order granting Rodney Hopkins’ motion to suppress the results from an Intoxilyzer 5000 test on the grounds that the arresting officer did not read verbatim the implied consent notice mandated by OCGA § 40-5-67.1 (b). We reverse.

The record shows that the arresting officer read the implied consent warning verbatim except for one possible change. The officer might have read the last line as follows: ‘Will you submit to the state-administered chemical test of your breath under the implied consent law?” OCGA § 40-5-67.1 (b) (2)…

2Cases cited3 opinions

  1. State v. FieldingCourt of Appeals of Georgia · 1997
  2. State v. HalsteadCourt of Appeals of Georgia · 1998
  3. State v. BarfieldCourt of Appeals of Georgia · 1998

3Cited by8 opinions

  1. Rojas v. StateCourt of Appeals of Georgia · 1998
  2. Colon v. StateCourt of Appeals of Georgia · 2002
  3. State v. SneddonCourt of Appeals of Georgia · 1998
  4. State v. McGrawCourt of Appeals of Georgia · 1999
  5. Harrison v. StateCourt of Appeals of Georgia · 1998

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