Birchfield v North Dakota – Need a Warrant for Blood test but just an arrest for Breath test
On June 23, 2016, the United States Supreme Court ruled in Birchfield v. North Dakota that the Fourth Amendment permits warrantless breath tests incident to arrest but not warrantless blood tests. This effectively means that police only need to arrest you for DUI to obtain a breath test and if you refuse or can not […]
Read MoreStudy finds Uber reduces both DUI and late night traffic fatalities
The Federalist.com reported on June 16th, 2016 on a new study by University Economic Professors (Dills, Angela K. and Mulholland, Sean E., Ride-Sharing, Fatal Crashes, and Crime (May 31, 2016). Available at SSRN: http://ssrn.com/abstract=2783797) that Ride sharing apps such as Uber reduce traffic deaths and DUI arrests. The study looked at three years and in over […]
Read MoreCulpepper v State Refresher – Defendant testimony at a motion hearing is not admissible at trial
Culpepper v. State, 132 Ga. App. 733, 209 S.E.2d 18 (1974) is an old but very important case in criminal law. It stands for the proposition that the testimony of a Defendant in a motion to suppress can not be used against him at trial over objection and its ground for automatic reversal. Culpepper came […]
Read MoreAAA 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 More