State v. Gillaspy

Eldridge, Judge.

The State appeals from the Cobb County State Court’s grant of Caressa Gillaspy’s motion to suppress the results of her blood test for failure to provide Gillaspy with an independent chemical test pursuant to implied consent laws. Because the evidence of record does not establish that Gillaspy made a request for an independent chemical test, we reverse.

Officer C. Flowers with the City of Smyrna Police Department stopped Gillaspy for committing a traffic violation. Upon speaking with her, the officer smelled an odor of an alcoholic beverage. A subsequent sobriety investigation…