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Clegg v. State

511 S.E.2d 544, 236 Ga. App. 115, 99 Fulton County D. Rep. 502, 1999 Ga. App. LEXIS 68
CourtCourt of Appeals of Georgia
DecidedJanuary 27, 1999
DocketA98A1756
StatusPublished
Cited by2 cases

This text of 511 S.E.2d 544 (Clegg v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clegg v. State, 511 S.E.2d 544, 236 Ga. App. 115, 99 Fulton County D. Rep. 502, 1999 Ga. App. LEXIS 68 (Ga. Ct. App. 1999).

Opinion

McMurray, Presiding Judge.

Defendant appeals his conviction for driving under the influence of alcohol and failure to maintain lane. Held:

Defendant was not denied due process under State or federal law based on the arresting officer’s refusal to allow him to have an independent blood test. Defendant forfeited his right to such independent testing by refusing the arresting officer’s request to submit to a state-administered breath test after being advised under OCGA § 40-5-67.1. Allen v. State, 229 Ga. App. 435, 438 (2) (a), (b) (494 SE2d 229). The trial court did not err in denying defendant’s motions to dismiss and motions in limine to exclude evidence.

Judgment affirmed.

Blackburn and Eldridge, JJ, concur.

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Related

Hynes v. the State
801 S.E.2d 306 (Court of Appeals of Georgia, 2017)
Renkiewicz v. State
642 S.E.2d 384 (Court of Appeals of Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
511 S.E.2d 544, 236 Ga. App. 115, 99 Fulton County D. Rep. 502, 1999 Ga. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clegg-v-state-gactapp-1999.