State v. Payne

Andrews, Judge.

After Bell L. Payne was arrested on May 17, 1997, and charged with driving under the influence of alcohol, she moved to suppress the results of the state-administered breath test on the ground that the arresting officer gave an implied consent notice to her that did not conform to the notice set forth in OCGA § 40-5-67.1 (b) (2). The trial court granted the motion, and the State appeals pursuant to OCGA § 5-7-1 (a) (4).

The required implied consent notice is set forth in OCGA § 40-5-67.1 (b) (2) as follows: “Georgia law requires you to submit to state administered chemical tests…