State v. Gillette

Eldridge, Judge.

Robert John Gillette was arrested and charged with driving under the influence, less safe driver; driving under the influence, unlawful blood alcohol concentration; and failure to maintain a lane. He filed a motion to suppress, claiming, inter alia, that he was denied an additional chemical test of his choice pursuant to the rights contained in the implied consent notice read to him at the time of arrest. See OCGA § 40-5-67.1 (b) (2). The State Court of Gwinnett County granted Gillette’s motion. The State appeals.

At the evidentiary hearing on the motion to suppress, the…