State v. Black

McMurray, Presiding Judge.

Defendant was charged in an accusation with driving under the influence of alcohol, obstruction, reckless driving, failure to maintain lane and speeding. The trial court granted defendant’s motion in limine to exclude evidence of his refusal to take a state administered breath test based on the arresting officer’s failure to read verbatim the implied consent notice mandated by OCGA § 40-5-67.1 (b) (2). The State appeals. Held:

The General Assembly amended OCGA § 40-5-67.1 (b), effective March 27,1998, to state that an implied consent notice “shall be read in its…