Opinion
A95A0528.
DECIDED MAY 11, 1995.
D.U.I. Gwinnett State Court. Before Judge Fuller.
Gerald N. Blaney, Jr., Solicitor, Richard E. Thomas, Assistant Solicitor, for appellant.
Clifton S. Fuller, Jr., Spruell Dubuc, Billy L. Spruell, Melinda D. Taylor, for appellee.
Defendant was charged with driving under the influence, driving with an unlawful alcohol concentration and failure to maintain his lane. The trial court granted defendant's motion to suppress the results of a state-administered breath test, based on the arresting officer's failure to advise defendant of his right to have an additional test administered by a qualified person of his own choosing, and the State appeals.
The State acknowledges this case is controlled by our recent decision in State v. Causey, 215 Ga. App. 85 ( 449 S.E.2d 639) (1994) but, incorporating the arguments made in the State's petition for certiorari in the Supreme Court, urges that Causey be overruled. However, on February 10, 1995, the Supreme Court denied the State's petition for certiorari in Causey, and the State's arguments do not convince us that Causey is unsound and should be overruled.
It is uncontroverted that the arresting officer in this case did not inform defendant of his right to an additional test administered by a qualified person of his own choosing. It follows that the trial court did not err in granting defendant's motion to exclude the results of the state-administered breath test. State v. Harrison, 216 Ga. App. 325 ( 453 S.E.2d 820) (1995); State v. Hassett, 216 Ga. App. 114 ( 453 S.E.2d 508) (1995); Causey, 215 Ga. App. at 86.
Judgment affirmed. Beasley, C. J., and Ruffin, J., concur.