Handschuh v. State

Although I concur in the result reached by the majority opinion, I cannot agree with the majority’s decision to overrule and disapprove of several cases, including Kahl v. State,9 relating to the timing of the Georgia implied consent notice.10 In Kahl, we followed prior precedent in noting that “ ‘under ordinary circumstances, the implied consent warning must be given at the time of the arrest, or at a time as close in proximity to the instant of arrest as the circumstances of the individual case might warrant.’ ’’11 Based on this principle, we found valid an implied consent notice read just…