State v. Moncrief

Eldridge, Judge.

The DeKalb County State Court granted Courtney Moncrief’s motion in limine and suppressed the. results of her breath test because the officer who arrested Moncrief for driving under the influence did not give her an implied consent warning in the exact language of OCGA § 40-5-67.1 (b) (1). The State appeals from the trial court’s order on the motion.

An audio/video tape of the entire stop is before this Court, as it was before the trial court. The tape shows that, on February 28, 1998, Moncrief was stopped at 4:00 a.m. for speeding on the interstate. She informed the officer…