Joel v. State

Johnson, Chief Judge.

Matthew Joel files this interlocutory appeal from the trial court’s denial of his motion to exclude the results of a state-administered chemical sobriety test. Because the arresting officer was not justified in refusing to accommodate Joel’s request for an independent blood test, the trial court erred in denying the motion. Therefore, we reverse.

OCGA § 40-6-392 (a) (3) provides that a person who undergoes a chemical test at the request of a law enforcement officer is entitled to have a qualified person of his own choosing administer an additional test. Law enforcement…