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Morgan v. State

Citations

  • 442 S.E.2d 257
  • 212 Ga. App. 394
  • 94 Fulton County D. Rep. 996
  • 1994 Ga. App. LEXIS 257

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • issues and grounds for objection must be raised and ruled upon in the trial court
  • OCGA § 40-6-391 (a) establishes a single crime of driving in a prohibited condition and subsections (1) through (5) merely define different ways of committing that one crime
  • issue not raised at trial cannot be asserted for the first time on appeal
  • two breath tests of 0.22 grams held sufficient to authorize a jury to find beyond a reasonable doubt that the defendant was operating a motor vehicle with a prohibited blood-alcohol content
  • “It is the responsibility of the arrestee, not the officer, to designate the specifics of (any) independent testing and the officer must be apprised by the arrestee of those specifics before the officer has a duty to facilitate the arrestee’s election.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pope, Birdsong, Andrews

Read full opinion on CourtListener

Cited by

19 cases in this archive cite this case.

Cites

13 cases in this archive are cited by this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.