Legal Opinion · Dissent

Handschuh v. State

Court of Appeals of Georgia

Decided December 1, 2004No. A04A0838Published

1DissentEldridge, Judge

1. The trial court found that Handschuh was read an implied consent (“IC”) notice on the basis of both serious injury and probable cause to arrest for DUI; the probable cause determination was based *686upon the inexplicable location of Handschuh’s vehicle overturned 200 feet off the side of an embankment, the strong odor of alcohol coming from the vehicle, the open Crown Royal container found in the vehicle, the strong odor of alcohol on Handschuh’s breath, his slurred speech, and his belligerence toward the hospital personnel trying to aid him. The officer specifically testified that he…

2Cases cited10 opinions

  1. Perano v. StateSupreme Court of Georgia · 1983
  2. Cooper v. StateSupreme Court of Georgia · 2003
  3. State v. BoyerSupreme Court of Georgia · 1999
  4. Buchanan v. StateCourt of Appeals of Georgia · 2003
  5. Crawford v. StateCourt of Appeals of Georgia · 2000

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