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REFUSAL TO SUBMIT TO BREATH TESTING CAN NO LONGER BE USED AGAINST YOU AT TRIAL

The Supreme Court of Georgia recently released a decision (Elliot v. State) finding that Georgia’s longstanding practice of using a DUI suspect’s refusal as evidence against them at trial is unconstitutional. This is good for everyone. Why you ask? Because it protects your rights under the Georgia Constitution, specifically Art. I, Sec. I, Paragraph XVI. If you think this is going to result in more drunk drivers on the road, consider 2 factors: (1) ask yourself if someone really takes this into consideration before getting behind the wheel in an intoxicated state and (2) law enforcement can still obtain a warrant for a blood test. Your right NOT to do something that would incriminate yoursel

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