State v. Carter

I agree that the order in this interlocutory appeal should be reversed because the trial court applied the Steed case.1

But I would point out that Dull v. State, 176 Ga. App. 152 (335 SE2d 605) (1985) deals with efforts to suppress the results of a test, and that the contention was that there was no affirmative showing that Dull had waived his right to an additional chemical test of his own choosing. Carter’s situation is different. He seeks to exclude from the jury’s consideration the evidence that he refused to take a state-administered test, not the results of such a test. And his…