Legal Opinion
Elliott v. State
Supreme Court of Georgia
Decided February 18, 2019No. S18A1204PublishedCited by 195 opinions
1Opinion of the Court
Peterson, Justice.
*267**179The State is prosecuting Andrea Elliott for driving under the influence of alcohol. When Elliott was arrested, she refused to submit to a breath test. Georgia statutes allow the State to use her refusal against her in her criminal trial, and the State has sought to do precisely that. The United States Supreme Court has held that the Fifth Amendment to the United States Constitution does not bar the State from using such a refusal, in part because the Fifth Amendment gives Elliott no right to refuse to act in the first place. But we have held - and hold again today -…
2Cases cited176 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Albright v. OliverSupreme Court of the United States · 1994
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Griffin v. CaliforniaSupreme Court of the United States · 1965
- Griffin v. CaliforniaSupreme Court of the United States · 1965
171 more not listed; retrieve them via the Exa API.
3Cited by195 opinions
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- State v. TurnquestSupreme Court of Georgia · 2019
190 more not listed; retrieve them via the Exa API.