Los Angeles v Patel – How long can OSAH ignore the exclusionary Rule
Georgia DUI cases have two legal tracks in two separate judicial bodies. First, the DUI is filed, plead, and/or contested in criminal courts, such as Local Municipal Courts, Recorders Courts, Probate Courts, State Courts, and Superior Courts. Criminal courts determine criminal guilt and criminal sanctions including jail time, fines, and probation conditions. The second lesser-known […]
Read MoreBostic v State – Trial Court reversed on DUI Probable Cause Denial
Bostic v. State, A15A0600, Reversed, June 25th, 2015. Perry Bostic appealed from the Trial Court’s denial of his motion to suppress his state-administered alcohol breath test from the Laurens County Superior Court wherein the Trial Court found that Police had “probable cause” to arrest him for DUI. The Court of Appeals agreed with Bostic and […]
Read MoreAthens-Clarke County changes rules for arresting underage drinkers
June 25, 2015. The joke among University of Georgia (UGA) students has always been that when you graduate from UGA your diploma comes with a criminal record. It is almost impossible to attend UGA and not be arrested for underage drinking these days. You would be hard-pressed to find a student that has not been […]
Read MoreWill new car technology make DUIs a thing of the past
The Driver Alcohol Detection System for Safety program (DADSS or Big Daddy is watching as opposed to Big Brother is watching) is developing a unique application of technology that holds the potential to stop DUI drivers before they start. The technology will automatically detect when a driver is intoxicated with a blood alcohol concentration (BAC) at […]
Read MoreJones v State-Prior DUI comes into evidence to prove knowledge of voluntary driving when DUI
State v. Jones, S14G1061, June 1, 2015. The Georgia Supreme Court addressed the issue of whether under Rule 404(b) of Georgia’s New Evidence Code modeled after the Federal Rules of Evidence, a prior DUI conviction for DUI or “Other Acts Evidence” (Use of the term “Similar Transaction” is now officially discouraged) was admissible in a […]
Read MoreJones v State – you can get a DUI with synthetic marijauna
Jones v. State, A15A1142-AFF-June 9th, 2015. Brandon Jones was found guilty of Driving Under the Influence (DUI) less safe drugs under OCGA 40-6-392(a)(2) by a jury in Hall County State Court in Gainesville, Georgia. He challenged the sufficiency of the evidence and contended that Count 1 failed to charge him with a violation of Georgia […]
Read MoreJohn Oliver calls out inequality in the bail-bond system in US Courts
June 6, 2015. The Washington Post reports on how Comedy talk-show host, John Oliver, is shining the bright light of comedy-truth on the darkest secret of the United States Justice System. The Bail-Bond system disproportionately punishes the poor who often have to choose between criminal charges of which they are innocent or sitting in jail for […]
Read MoreCan a DUI keep your from traveling to Canada?
May 26, 2015. The Winona Daily News ran a story about issues surrounding traveling to Canada after a DUI conviction. Driving under the influence of alcohol is considered serious offense for immigration purposes in Canada and a border officer can refuse you entry into Canada if you have been convicted previously of a DUI. A little […]
Read More