State v. Holmes

Pope, Presiding Judge.

Defendant Ray Holmes was arrested for driving under the influence of alcohol. He filed a motion to suppress and motion in limine seeking to exclude evidence that he had refused to take a State-administered breath test. Following a hearing on defendant’s motion, the trial court concluded that because Holmes was not given the required implied consent warnings at the time of his arrest, any evidence of his subsequent refusal to take the test must be excluded. The State appeals the trial court’s decision pursuant to OCGA § 5-7-1 (a) (4). Concluding that the trial court…