Legal Opinion

Emma Katherine Bergstorm v. State

Court of Appeals of Georgia

Decided September 14, 2018No. A18A1218PublishedCited by 2 opinions

1Opinion of the Court

Bethel, Judge.

*295 Emma Katherine Bergstrom was convicted of DUI under 21 and DUI less safe. She appeals from her convictions, arguing that Georgia's implied consent statute is *85 unconstitutional on its face and as applied to her. Specifically, Bergstrom argues the State failed to prove she voluntarily consented to the state-administered breath test, and the trial court erred in denying her motion to suppress the results of the test. Finding no error, we affirm.

On appeal from a ruling on a motion to suppress, we defer to the trial court's factual findings and credibility determinations, but review…

2Cases cited7 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  4. Olevik v. StateSupreme Court of Georgia · 2017
  5. Dean v. StateSupreme Court of Georgia · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. The State v. Baddeley.Court of Appeals of Georgia · 2019
  2. The State v. Baddeley.Court of Appeals of Georgia · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API