State v. Gerace

Johnson, Judge.

The police arrived at the scene of a reported traffic accident and found an overturned pickup. The truck was littered with empty beer bottles and blood, but no one was in it. About a mile away, the police found Michael Gerace lying injured by the side of the road. He was taken to the hospital where the police read him his implied consent rights, and obtained consent to take a blood test pursuant to OCGA § 40-5-55.

The blood sample was sent to the State Crime Lab where it was subjected to deoxyribonucleic acid (DNA) testing. This testing resulted in Gerace’s arrest for rape and…