Martin v. State

I respectfully dissent as it is my view that this court is bound by Perano v. State, 250 Ga. 704, 708 (300 SE2d 668), where the Supreme Court “construed OCGA § 40-6-392 (a) (4) narrowly, to mean almost literally what it said, [i.e., the officer is required to inform a defendant at the time of arrest of his rights to an independent chemical analysis to determine the amount of alcohol or drugs present in his blood.]” Vandiver v. State, 207 Ga. App. 836, 837 (1) (429 SE2d 318).

OCGA § 40-6-392 (a) (4) provides, in pertinent part, that “[t]he arresting officer at the time of arrest shall advise…