Georgia Right to a Constitutional Speedy Trial
The Supreme Court case of *Barker v. Wingo* (1972) is a landmark decision regarding the Sixth Amendment right to a speedy trial in the United States. Here’s a summary: Parties Involved Petitioner: Willie Mae Barker Respondent: John Wingo, Warden (representing the state) Background Barker was charged with murder alongside another defendant, Silas Manning. The state […]
Read MoreDUI Breath Test Calibration and Certification for Georgia DUI Defense
The Crucial Importance of Full Information in Discovery and Complete Transparency in State-Administered Breath Tests in DUI Defense If you’ve ever found yourself pulled over under suspicion of DUI in Atlanta, you’re likely familiar with the DUI breath test (in Georgia, Intoxilyzer 9000)-a pivotal moment where a small device effectively decides whether you are guilty […]
Read MorePeople vs Redmond – Does The Odor of Burnt Marijuana Justify a Vehicle Search?
The Impact of Illinois Supreme Court’s Decision in People v. Redmond on Georgia DUI Law Today, we delve into a significant legal ruling from the Illinois Supreme Court, The People of the State of Illinois v. Ryan Shavor Don Redmond (Docket No. 129201), filed on September 19, 2024, and explore its potential implications for Georgia […]
Read MoreComplexities in DUI Cases
Insights from a Recent Georgia Supreme Court Ruling In the realm of DUI defense, recent developments in Georgia case law highlight the importance of understanding the intricate legal landscape that can significantly impact the outcome of a case. The Georgia Supreme Court’s decision in Garrison v. State, S24G007, August 13, 2024, offers crucial insights into two […]
Read More6 Major Reasons Why Diagnostic Hospital Blood Test For Alcohol Fall Short In a DUI Case
Why Hospital Blood Alcohol Tests Lack Forensic Reliability in DUI Cases When facing a DUI charge, the evidence often hinges on blood alcohol concentration (BAC) test results. However, it’s important to understand that not all BAC tests are created equal-particularly those conducted in hospital laboratories. While essential for medical treatment, hospital laboratory testing for alcohol […]
Read MoreThe Movement to Lower the DUI BAC Limit in the U.S
The Movement to Lower the DUI BAC Limit in the U.S. In late 2018, Utah became the first state in the United States to lower its drunk-driving limit from a blood-alcohol content (BAC) of .08 to .05. This bold move has sparked a significant debate and a movement across the country to adopt similar legislation. […]
Read MoreGeneral and Special Demurrers
Understanding General and Special Demurrers,Their Key Differences, and How It Applies to DUI Cases In the intricate landscape of legal procedures, demurrers play a crucial role in the judicial process. For those unfamiliar, a demurrer is an objection that an opponent’s point is irrelevant or invalid while conceding the factual basis of the point. This […]
Read MoreInsights from State v. Lim
Does OCGA § 17-16-23 Protect the State from Early Evidence? Insights from State v. Lim On May 20, 2024, the Georgia Court of Appeals Second Division made an impactful decision on court order precedence over OCGA §17-16-23 in State v. Lim. Background After his involvement in a single vehicle accident in October 2022, Woo Sik […]
Read MoreDoes a Pilot Have to Report a DUI to The FAA?
A pilot must report a DUI arrest to the FAA within 60 days of the motor vehicle action. This includes any conviction for a violation of a federal or state statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while […]
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