 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Maurer v. State9/24/1999
t notice "'need not be read exactly so long as the substance of the notice remains unchanged.' [Cit.]" Gentry v. State, 236 Ga. App. 820, 824 (4) (513 SE2d 528) (1999). Even if Inman had read the warning incorrectly, he would have done nothing more than understate the legal limit of alcohol concentration (i.e., .01 rather than .10 grams). An understatement of the legal limit would naturally induce the person to whom the warning was given to withdraw his consent to testing whereas he otherwise might not. Conversely, the person might be led to submit to testing if the legal limit were overstated. Because Maurer did not withdraw his consent, any understatement of the legal limit did not change the substance of the notice in any way harmful to him. See State v. Payne, 236 Ga. App. 338, 339 (512 SE2d 292) (1999); Rojas v. State, 235 Ga. App. 524, 527 (1,2) (509 SE2d 72) (1998). The court did not err in denying his motion to suppress.
3. Finally, Maurer contends the court erred in denying his motion to suppress the results of the breath tests, because there were insufficient grounds to justify them.
The implied consent law pursuant to which [Maurer] gave consent to the testing was contingent upon arrest for an offense arising out of acts alleged to have been committed in violation of OCGA § 40-6-391 and reasonable grounds for the officer to believe that was driving vehicle in violation of § 40-6-391. [Cits.]
State v. Lewis, 233 Ga. App. 390, 392 (2) (504 SE2d 242) (1998). Probable cause for a DUI arrest establishes reasonable grounds for testing. Martin v. State, 214 Ga. App. 614, 615 (1) (448 SE2d 471) (1994); see also Davis v. State, 187 Ga. App. 517, 518 (1) (370 SE2d 779) (1988). The evidence supports the trial court's determination that there was probable cause for Maurer's arrest. See Singleterry v. State, 227 Ga. App. 155 (1) (489 SE2d 42) (1997); Martin v. State, supra at 615-616 (1). Therefore, the testing was justified.
Judgment affirmed. McMurray, P. J., and Andrews, P. J., concur.
|