Elliott v. Georgia
Georgia Supreme Court
824 S.E.2d 265 (2019)
- Written by Deanna Curl, JD
Facts
In August 2015, a police officer stopped Elliott (defendant) after observing her commit several traffic violations. During the stop, the officer smelled alcohol, observed signs of impairment, and Elliott admitted to drinking earlier in the day. While placing Elliott under arrest, the officer read and later explained a statutorily mandated implied-consent notice that informed Elliott that her refusal to submit to a state-administered breath test could be offered as evidence against her in a trial. Elliott refused to submit to the breath test and, at trial, filed a motion to suppress evidence of her refusal to submit to the test. The trial court denied Elliott’s motion, and she appealed, arguing that evidence of her refusal violated her right against self-incrimination.
Rule of Law
Issue
Holding and Reasoning (Peterson, J.)
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