Sorrow v. State, 72073
Decision Date | 28 February 1986 |
Docket Number | No. 72073,72073 |
Citation | 342 S.E.2d 20,178 Ga.App. 83 |
Parties | SORROW v. The STATE. |
Court | Georgia Court of Appeals |
David H. Jones, Atlanta, for appellant.
Ralph T. Bowden, Jr., Sol., F. Gentry Shelnutt, Jr., Asst. Sol., for appellee.
On April 13, 1984, Charles David Sorrow was arrested and charged with driving under the influence and operating a motor vehicle in violation of the terms of his provisional operator's license. It is undisputed that following his arrest the defendant was informed of his rights under the Implied Consent Statute, OCGA § 40-5-55, and was instructed that his refusal to submit to a chemical test to determine the alcoholic or drug content of his blood could be used against him in a subsequent trial.
Although he initially indicated that he would submit to the state-administered test, the defendant subsequently declined because the arresting officer informed him that a radio check had revealed that his provisional license had been revoked. At this point, the officer again advised him that the fact of his refusal could be used in evidence against him at trial and further informed him that it could result in an extension of any existing period of suspension of his license. It was subsequently determined that the defendant's license was indeed valid. The defendant contends that under these circumstances, it was error to allow his refusal to take the test to be used against him at his trial on the D.U.I. charge. Held:
There is no question that the defendant was properly informed of the options provided him by the statute. Wessels v. State, 169 Ga.App. 246, 247, 312 S.E.2d 361 (1983). Moreover, there is no suggestion that the officer purposely attempted to mislead the defendant. Rather, the record demonstrates that the mistake concerning the license was an honest one, which had nothing to do with the defendant's options under the Implied Consent Statute. Under these circumstances, we find no basis for excluding the fact of the defendant's refusal to take the...
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State v. Leviner, A94A0499
...18 punctuation marks. Apparently, this card has been revised since the date of this incident.) Also distinguishable is Sorrow v. State, 178 Ga.App. 83, 84, 342 S.E.2d 20, where the error committed "had nothing to do with the defendant's options under the [then existing] Implied Consent (d) ......
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Whittington v. State
...from a refusal to take the test.' [Cit.]" Wessels v. State, 169 Ga.App. 246, 247(1), 312 S.E.2d 361 (1983). See also Sorrow v. State, 178 Ga.App. 83, 342 S.E.2d 20 (1986). Accordingly, by informing the arrestee of the legitimate consequences of his refusal to submit to the State-administere......
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State v. Terry
...314 (1998) (where officer's statements following implied consent warning were found not to be false or misleading); Sorrow v. State, 178 Ga.App. 83, 84, 342 S.E.2d 20 (1986) (where inaccurate information "had nothing to do with the defendant's options under the Implied Consent The state arg......
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State v. Becker
...The omission was therefore immaterial. Moreover, there is no indication that Rehberg intentionally misled Becker. As we recognized in Sorrow v. State, [t]his is not a case where the state has subtly coerced [Becker] into choosing the option it had no right to compel, rather than offering a ......