AAA Study finds legal limit for Marijuana DUIs have no basis
On May 10, 2016, Azcentral.com reported on a new study by the American Automobile Association (AAA) that found that per se limits for Marijuana DUIs have no scientific basis and do not correlate with impairment. In practical terms, this means that some people who are impaired would escape a Marijuana DUI conviction while others who were not […]
Read MoreBirchfield Beylund and Bernard Arguments at the SCOTUS
Birchfield v. North Dakota; Beylund v. North Dakota; and, Bernard v. Minnesota oral arguments were held at the United States Supreme Court on Wednesday, April 20th, 2016. The primary issue in these three cases is whether it violates the 4th Amendment of the United States Constitution to criminalize the exercise that amounts to a 4th […]
Read MoreUber has had unexpected impact on the psychology of DUI
Danny Cevallos of cnn.com April 6, 2016 article about Soccer Star Abby Wamback’s DUI arrest raises an important shift in the psychology of DUI Legal Defense. There has been a strange shift in public perception of drinking and driving, and it is because of Uber. Most people think DUI enforcement is stupid. Its foundation is […]
Read MoreState v. Oyeniyi-Will means May in Georgia DUI Implied Consent
State v. Oyeniyi-A15A1724, Reversed, February 4th, 2016. The State appealed after the Clayton County Trial Court granted Adeshye Oyeniyi’s motion to suppress his DUI Alcohol Breath test results. The Trial Court found that OCGA 40-5-67.1 implied consent notice for suspects age 21 or over is inaccurate, misleading, and overstates the penalty for refusing to submit […]
Read MoreState v Thompson-Constitutional Speedy Trial Lost Blood
State v. Thompson, A15A1626, Vacated and Remanded, Georgia Court of Appeals, November 18, 2015. Lauren Thompson brought a plea in bar concerning her DUI. The Trial Court granted the plea in the bar by finding that her Constitutional right to a speedy trial was violated as the blood sample was lost. The State appealed the […]
Read MoreFarmer v State – asking for a Urine test in response to Implied Consent
In Farmer v. State, 335 GA. App. 679, 782 S.E.2d 786 (2016), the Court of Appeals found that asking for a urine test in response to the Georgia Implied Consent Rights is not a request for an additional test but only requesting that the Officer designate that test. The Court distinguished McGinn v. State, 268 Ga. App. […]
Read MoreAmerican Beverage Institute slams NTSB recommendation to lower DUI limit
Restaurant Group criticism of lowering the DUI legal limit raises important questions Lowering the DUI legal limit Hill reported on January 14, 2016, that the American Beverage Institute (ABI), a restaurant lobbying group, is outraged at the National Transportation Safety Board (NTSB) call to lower the legal limit for per se DUI alcohol from […]
Read MoreMikell GA DDS v Hortenstine – Client pays for Attorney mistake for DUI license appeal
Mikell (Georgia Department of Driver Services v. Hortenstine, A15A1576, Rev, November 17, 2015. Robert Mikell, Commissioner of the Department of Driver Services (hereinafter “Department”) appealed from the Trial Court’s order reversing the Department’s decision to deny as untimely, Jayson Hortenstine’s request for an administrative license hearing under OCGA 40-5-67.1. The Court of Appeals held that […]
Read MoreState v Holt-50 minutes DUI investigative detention is not unreasonable
State v. Holt, A15A1483, Reversed, November 17, 2015. Jamie Sue Holt was arrested in Cherokee County, Georgia by the Georgia State Patrol after police spoke with her at a gas pump at a Kroger Gas Station while investigating another separate DUI incident. On April 28, 2014, a Georgia State Trooper was dispatched to a Kroger […]
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