Riley v California – Smart Phones enjoy 4th Amendment protections against unreasonable searches
Riley v. California, Nos. 13-132, Supreme Court of the United States, June 25, 2014. Chief Justice Roberts addressed the issue of whether police may, without a warrant, search the contents of an accused cell phone or smartphone subsequent to arrest. David Riley was stopped by police while driving with an expired tag. A computer check also indicated that […]
Read MoreFrost v. State – New Evidence code means prior similar DUIs are rarely admissible
Frost v. State, A14A0730, Court of Appeals of Georgia, July 15, 2014. Gary Frost was arrested for DUI after striking a gate at his condo complex. After a jury reached a verdict on the two counts of striking a fixed object and open container of alcohol, it was hopelessly deadlocked on the DUI charge. Frost […]
Read MoreSanders v State – Intoxilyzer source code is not material to a DUI
Sanders v. State, A14A0142, June 18, 2014. Following a bench trial of a DUI under OCGA 40-6-391(a)(5), Meredith Sanders was found guilty of DUI. She appealed claiming that her Constitutional rights to due process and compulsory process were violated by the failure of Judge Diane Bessen of the Fulton County State Court to grant a […]
Read MoreWinder DUI arrests are up over the past 2 years
On June 24, 2014, BarrowCountyNews.com reported that DUI arrests are up in Winder, Georgia primarily due to better-trained police officers. Corporal Chris Wigner is primarily responsible for the increased arrests according to the article. Wigner has been recognized by MADD as one of Georgia’s top DUI police officers. This goes to illustrate that DUI arrests are […]
Read MoreCollins v State – Stipulated Bench Trials are for suckers
Collins v. State, A14A0304, Court of Appeals of Georgia, June 17, 2014. Camela Noelle Collins was found guilty of DUI Less Safe, DUI Per Se (having a blood or breath level over 0.08 grams within three hours of driving), and failure to maintain lane after a stipulated bench trial. The point of the stipulated bench […]
Read MoreWing v. State – Stop after accident reported on 911 need no corroboration
Wing v. State, A14A0136, Court of Appeals of Georgia, May 27, 2014. On April 7, 2013, police received a dispatch over the radio from a 911 operator that a car had struck another car parked in a church parking lot. When the officer arrived at the parking lot he observed a blue car driving away […]
Read MoreMyth: You don’t need a lawyer in a DUI case
You may inadvertently invalidate any legal defenses you have to a DUI by even appearing once in Court without a lawyer. Just ask Desmond Preston. In Preston v. State, A14A0028, Court of Appeals of Georgia, June 12, 2014, Desmond Preston show up for court without a lawyer. He was told he had to file all motions […]
Read MoreHumphries v State – refusal means longer to bond out is not deceptive
Humphries v. State, A14A0626, Court of Appeals of Georgia, June 11, 2014. Jennifer Humphries was found guilty of DUI per se after a stipulated bench trial before Judge Alan Jordan in Cherokee County State Court in Canton. Jennifer Humphries was pulled over for weaving and driving slow in the fast lane in October of 2012. […]
Read MoreImmigration or ICE holds have no legal force
The National Association of Public Defense recently did an expose article on the fallacy of Immigration holds or ICE holds where non-citizens can not be bonded out or released from local jails because immigration authorities have placed a hold on them. Ahold is the result of a warrant signed by a judge or a court […]
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