.12 Blood Test Two-Car Accident – State V. S.J.
Defendant struck a DeKalb County police car which had parked on the shoulder of the ramp from I-285 East to I-85 South. The officer was investigating a previous one-car wreck that occurred on the wet roadway.
According to the officer, when asked why he hit the car, Defendant responded, “Because I’ve had too much to drink.” Several officers became involved with the arrest of Defendant and he was asked to submit to a blood test, which resulted in a .12 blood alcohol level.
At a pretrial motions hearing, the State failed to produce any officer to testify that Defendant was read his implied consent rights prior to taking the blood test. The judge excluded the blood test result from evidence. The jury acquitted Defendant of all charges.
The best DeKalb County DUI attorneys will work with you to ensure that your rights are protected if proper procedures weren’t followed at the time of your arrest.