State v. Chun

Ellington, Judge.

On March 23, 2003, a DeKalb County police officer arrested Jeana Pan Chun for speeding, OCGA § 40-6-181, and driving under the influence of alcohol to the extent that it was less safe to drive, OCGA § 40-6-391 (a) (1). Prior to trial, Chun filed a motion in limine to exclude the evidence that she refused to submit to State-administered chemical testing. The trial court granted Chun’s motion after concluding that the arresting officer gave “technically correct” but misleading information in addition to the implied consent notice which impaired Chun’s ability to decide whether…