Rodriguez v US – no such thing as a de minimis expansion of traffic stop under the 4th Amendment
Rodriguez v. the United States, No. 13-9972, United States Supreme Court, Vacated and Remanded, April 21, 2015. Officer Struble, a K-9 police officer, made a traffic stop after observing Rodriguez driving on the highway shoulder. After checking Rodriguez’s license, tag, and insurance and the licenses of the passengers, Struble issued Rodriguez a warning for driving […]
Read MoreChavez-Ortega v State – by their deeds you shall know an arrest
Chavez-Ortega v. State, A14A2188, Reversed, March 24, 2015. By their words, they will deceive, but by their deeds, ye shall know them. Jonathan Chavez-Ortega was charged with DUI. Chavez was arrested by Cobb County Police. He was initially questioned and then he was detained, placed in handcuffs, and put in the rear of a police […]
Read MoreHughes v State- Probable Cause for DUI if reasonable cops can differ
DUI Probable Cause Hughes v. State, S14G0622, March 16, 2015. Jack Hughes was required by police to submit to a blood test at the request of police after a fatal accident. Hughes moved to suppress the blood test result after he was charged as a result of there being no probable cause that he was DUI. […]
Read MoreState v Barnes – Not not rescinded but rather fair and reasonable
State v. Barnes, A14A1915, Court of Appeals of Georgia, March 27, 2015. The State appealed the Fayette County State Court’s order suppressing a DUI alcohol breath test result because Barnes’ refusal to take the test was not rescinded. Barnes was pulled over and, after an investigation including a portable breath result, was arrested for DUI. She […]
Read MoreCalifornia Supreme Court – DUI Field Sobriety Tests do not predict impairment
DUI Law Appellate Quote of the day: Coffey v. Shiomoto, No. s213545, California Supreme Court (April 6, 2015);— P.3d —-, 2015 WL 1514610 (Cal.): “National Highway Traffic Safety Administration (NHTSA) released the results of a study in 1998 that evaluated the accuracy of the standardized field sobriety test (SFST) battery at BACs below 0.10 percent. (Stuster […]
Read MoreWilliams v State – the Constitution is not a loophole or a technicality
Williams v. State, S14A1625, March 27, 2015. A legal earthquake is shaking things up in Georgia’s DUI law. John Williams was convicted of driving under the influence of drugs. He moved to suppress the state-administered blood test on the basis that Georgia’s Implied Consent Statute does not amount to the required voluntary consent under the […]
Read MoreCan you run from the Cops in Georgia if you have done nothing wrong?
Yes, you can run if you have done nothing criminally wrong. Police must be able to articulate a crime that you are committing or have committed to stop and question. If they then can not, then it is a first tier encounter and you are free to ignore, walk away or run -even if you […]
Read MoreNguyen v State-why even a .078 DUI is not DIY
Nguyen v. State, A14A1806, March 2, 2015. Trung Nguyen was convicted of a DUI after representing himself. He appealed arguing that the Court erred in allowing the introduction of a prior DUI into evidence and allowing the prosecutor to comment about the prior DUI in her opening statement. He also appealed arguing that he did […]
Read MoreThe Newspaper.com reports on Georgia Supreme Court Intoxilyzer Source Code Ruling
TheNewspaper.com reported on February 18, 2015, about the Georgia Supreme Court’s ruling in Parker v. State reversing the Georgia Court of Appeals who had affirmed the Trial Court’s decision to exclude proffered evidence of accuracy problems that an out of state witness from the Intoxilyzer 5000 (Intox 5000) manufacturer, CMI, Inc., might be expected to testify about as […]
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