Judge suppresses evidence in Hall County Sheriff Gerald Couch's DUI case; trial set for September
Suspended Hall County Sheriff Gerald Couch has won a partial legal victory in his DUI case after a judge ruled that evidence gathered during a search of his vehicle cannot be used at trial.
In an order filed July 9, the court found prosecutors failed to prove an exception to the warrant requirement that would have made the warrantless search of Couch's vehicle lawful. As a result, any evidence obtained from that search has been excluded from trial.
However, the judge denied other portions of Couch's motion to suppress, ruling that law enforcement officers lawfully entered his property, did not unlawfully prolong his detention, and that Couch voluntarily participated in field sobriety tests. The court also found the implied consent notice was properly and timely read and that Couch voluntarily consented to a blood test.
The order reserves several remaining issues for a future hearing.
According to court records, Couch's trial is scheduled to begin Sept. 21 at 8:30 a.m.
The court ruling comes as a separate effort to recall Couch from office remains on hold.
On July 8, the Hall County Board of Elections and Registration announced it had asked the Superior Court of Hall County for up to 15 additional days to complete its review of the recall application filed against Couch. Election officials said the verification process has been paused while the court considers that request.
The board emphasized that a recall petition has not been issued. Under Georgia law, the current application is only the first step in the recall process and must first be found legally sufficient before a petition can move forward.
Couch has been suspended from office since his February DUI arrest.
According to the Georgia State Patrol incident report previously obtained by CBS News Atlanta, a Hall County sheriff's deputy stopped the unmarked vehicle Couch was driving after observing it fail to maintain its lane. After recognizing the driver as the sheriff, the deputy requested a Georgia State Patrol trooper conduct the DUI investigation.
The incident report states Couch's blood alcohol concentration measured 0.212%, nearly three times Georgia's legal limit of 0.08%. Troopers reported Couch admitted he had consumed multiple Four Loko alcoholic beverages that morning and said he had "screwed up."
He was charged with driving under the influence, failure to maintain lane and possession of an open container of alcohol.
While Couch remains suspended, Chief Deputy Kevin Head continues to lead the Hall County Sheriff's Office.
