Padidham v. State
Annotate this CaseDefendant was arrested and charged with driving under the influence after being stopped for a traffic violation. The court granted a writ of certiorari to determine when the results of a state-administered Intoxilyzer 5000 breath test must be given to a defendant accused of driving under the influence in violation of OCGA 40-6-391. It was undisputed in this case that the officer delivered to defendant the required implied consent notice in an accurate and timely manner thereby informing him of his right to an independent test. Having done so, the State was under no constitutional duty to immediately inform defendant of the results of the State-administered breath test. Because the court held that the procedures followed by the State comported with the fundamental fairness required by due process, the court affirmed the decision of the Court of Appeals.
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