Blood-alcohol results can't be used in case
Georgia's high court rules warrant needed to perform DUI test
By Sandy Hodson| Staff Writer
Tuesday, February 26, 2008

The Georgia Supreme Court issued a ruling Monday that prevents prosecutors from using blood-alcohol test results against a driver accused of causing a fatal wreck.

The state's highest court ruled in favor of Harley Snyder, 31, who faces charges in Richmond County Superior Court that include vehicular homicide and driving under the influence.

Mr. Snyder wrecked his vehicle May 24, 2004, on Georgia Highway 10. His father-in-law, John E. Grant, who later died, was a passenger.

Because Mr. Grant didn't appear seriously injured and Mr. Snyder wasn't arrested that night, the officer had no right to obtain a blood sample without a search warrant, the court ruled.

The courts have narrowed the law governing implied consent in DUI cases since 2003.

If Mr. Grant had died the night of the accident, or if either he or Mr. Snyder had suffered obvious serious injury, an officer could have legally obtained the blood sample with his consent. If Mr. Snyder had been placed under arrest that night, the same would be true.

But that's not what happened. Neither man appeared injured, and Mr. Grant didn't die until 10 days after the accident. Mr. Snyder wasn't charged with any criminal offense until December 2004, when the blood test was completed.

"I don't like to count my chickens before they hatch, but I would think that this would end the case (against Mr. Snyder)," said his attorney, Brendan Fleming.

Reader Comments
Note: Comments are not edited and don't represent the views of The Augusta Chronicle. Please read our full comments policy. To report a post that may be inappropriate, click the icon.
Your display name is (change display name)
YOUR MESSAGE:
You have 1200 characters left.


advertisement

advertisement

TopJobs


Augusta-area Top Jobs
Occupational Therapist Opportunity Great opportunities for Occupational Therapists with Self Regional Healthcare in Greenwood, SC, the hospital system ranked as one of the Top 20 Great Workplaces in... (more)
Factory PRODUCTION Set up equipment. $-15 | hr + Benefits Call (706)868-6800 FULL TIME | PERMANENT Pro Resources $185 J#120 NO TEMP WORK! (more)
PACK & WRAP $15 | hr & BENEFITS Call (706)868-6800 Pack, wrap and load freight. FULL TIME & PERMANENT Pro Resources $185 J# 130 NOW INTERVIEWING! NO EXPERIENCE REQ!! (more)


© 2009 The Augusta Chronicle|Terms of Service|Help|Contact Us|Subscribe|Local business listings


shopping & services

What:
Where:



advertisement