Georgia Court Of Appeals, (May 15, 1991)
Docket number: A91A0235
DECIDED
COOPER, Judge. - DECIDED
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Judgment affirmed. Birdsong, P. J., and Pope, J., concur.

Supreme Court of Georgia - RANGER v. THE STATE., 249 Ga. 315, 290 S.E.2.d 63
Georgia Court Of Appeals - Neal v. The State., 198 Ga. App. 518, 402 S.E.2d 114 (1991)
Mark T. Sallee, for appellant.
Appellant was arrested an charged with driving under the influence of alcohol. The arresting officer testified at trial that the appellant had refused at the time of arrest to submit to a chemical test used to determine the alcohol content of his blood. In her closing argument, the prosecutor commented on appellant's refusal to take the chemical test and asked the jury: "What did the defendant have to hide that night? Why wouldn't he take the test? I'll leave that for you to determine." Counsel for appellant objected to the prosecutor's question and moved for a mistrial on the grounds that the prosecutor's comment was an impermissible reference to appellant's right to remain silent under the Fifth Amendment. The trial court overruled the motion for mistrial and appellant was convicted of driving under the influence. He now brings this appeal of his conviction and the denial of his motion for a new trial."In any criminal trial, the refusal of the defendant to permit a chemical analysis to be made of his blood, breath, urine, or other bodily substance at the time of his arrest shall be admissible in evidence against him" OCGATry vLex for FREE for 3 days
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