Attorney George Creal arguing before the Georgia Supreme Court in a Henry County DUI Appeal

George Creal, the appellee's attorney, is arguing about whether in a Georgia DUI Case the standard for determining whether a person arrested for DUI must ask for an additional test after the State's test in a way that reasonably could be construed as a request for an additional test or that reasonably would be construed as a request for an additional test. The statute only provided the guidance "The justifiable failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer." In this case, the arrested person asked after he was read implied consent if his doctor could test his blood and was told, "I did not say anything about your doctor...I said the state..yes or no." Of course, Georgia Implied Consent would give him the right to have his blood tested after he submitted to the state test by his doctor, but the Officer's comments effectively negated his request for his doctor to independently test his blood after he submitted to the state test. Georgia Implied Consent states, " After first submitting to the requested state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing." In effect, the Officer denied the arrested person's right to an independent blood test by his doctor by his comments because he effectively and substantially changed the meaning of the Implied Consent rights, but that is another issue for another day.

Видео Attorney George Creal arguing before the Georgia Supreme Court in a Henry County DUI Appeal канала MrAtlantaduilawyer