State v. RK

The charge was reduced to Reckless Driving after evidence was produced that proved the client suffered from a condition making it physically impossible for her to produce a breath sample, and that she was not attempting to “trick” the testing device. The alleged refusal would not have been admissible at trial. Had the client not have the physical impairment, the insufficient sample would have been likely considered a refusal.  Refusals have additional drivers license consequences in our Georgia DUI Laws.