Conscientious Roadblock Objector stymies Police Road Block
Fairdui.org has created a firestorm of praise and scorn on media sites across the country. Chanting the Mantra: “I REMAIN SILENT, NO SEARCHES, I WANT MY LAWYER.” They have even utilized their Fairdui flyers to successfully negotiate Police Roadblocks and posted a video of the same on youtube.com. The video shows a driver utilizing a FairDUI flyer […]
Read MoreDUI arrests down 70 percent in Cherokee County over New Years Eve Holiday
Cherokeetribune.com reported on January 4th, 2014 that there was a 70% decrease in DUI arrest over the December 28 th through January 1st New Years’ Eve Holiday period. Last year there were 11 arrests as compared to this year with only 3 arrests. There were five fatalities reported during the holiday period one death in Cartersville reported […]
Read MoreHow License Plate Readers are doing more than checking your tag
Catherine Crump, Berkeley Law Professor who focuses on the legality of data and surveillance, explains in her TED talk the dirty little secret of police license plate readers (LPRs) that you see on police cars everywhere. Not only are these license plate readers checking for delinquent insurance, suspended registration, active warrants, expired tags, and suspended […]
Read MoreIgnorantia legis neminem excusat – except for the Police
Nicholas B. Heien v. North Carolina, No. 13-604, Supreme Court of the United States (December 14, 2014). The U.S. Supreme Court held that a reasonable mistake of law by police in the required number of working tail lights on an automobile in the context of investigatory detention and search can be reasonable suspicion of a […]
Read MoreBlowing smoke just took on a new meaning
Bloomberg Politics reported on December 3rd, 2014 that Washington State University researchers are developing a handheld breath testing device to detect the impairing components of marijuana, THC, for use by police on the side of the road. Driving to the extent you are less safe from Marijuana consumption is illegal in Georgia and probably in all […]
Read MoreSmith v State – DUI Field Evaluations are always admissible
State v. Smith, A14A1127, November 14, 2014. James Smith was charged with DUI less safe and failure to maintain lane. Following a hearing, the trial court suppressed two of the field evaluations performed by the Officer because they were not performed according to his National Highway Transportation Safety Administration (NHTSA) training. Judge Doyle writing for […]
Read MoreState v Padgett – Police requested DUI blood test must go to crime lab
State v. Padgett, A14A1002, November 18, 2014. James Padgett was involved in a motorcycle wreck. Police responding to the accident tested Padgett’s breath with a portable breath test and read Padgett implied consent rights for a DUI blood test. Padgett was transported by ambulance to the hospital and the Police had a nurse at the […]
Read MoreCharales v State – State must present evidence of a Constitutionally valid roadblock policy
Charales v. State, A14A1040, November 12, 2014. R. Charales was found guilty of driving under the influence after a bench trial in Fulton County. Charales appealed after the Court denied his motion to suppress his arrest based upon an allegedly illegal roadblock by Atlanta Police which resulted in his arrest. The State failed to present evidence […]
Read MoreEven Lawyers need heroes and this one is mine
Lawyer Heroes Kimberly Motley is an American lawyer fighting for the rule of law in Afghanistan, of all places, and without a hijab, niqab, or burka. If you think you got bad it bad in your jurisdiction, court, or before your hypoglycemic judge just before lunch, you don’t even know adversity. We need lawyer heroes […]
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