Edison v State – offer by Police not to take to jail in exchange for a test is not a hope of benefit
Edison v. State, A14A0208, Court of Appeals of Georgia, May 29, 2014. Lise Edison was convicted after a Fulton County Bench Trial of DUI less safe drugs after a bench trial. Edison was observed on July 20, 2008, weaving on the freeway and almost hitting another car. Edison looked sleepy and had droopy eyes and […]
Read MoreCarder v State – vehicular homicide can proceed after statute of limitations run on underlying DUI
Carder v. State, A14A0221, Court of Appeals of Georgia, June 4, 2014. Tammy Fay Carder was arrested for DUI, Reckless Driving, and driving on the wrong side of the road on August 4, 2008, after crossing over the center line and striking another vehicle killing a passenger while smelling of wine in Forsyth County. She […]
Read MoreFlading v State – License Suspension Hearing Agreements are admissible as stipulations at Trial
Flading v. State, A14A0557, May 22, 2014. John Flading was convicted by a Fulton County jury of DUI less safe and failure to maintain lane after an arrest for DUI in the City of Roswell. The issue on appeal is whether the Agreement to rescind his administrative license suspension of one year for refusing the State’s […]
Read MoreNPR examines how the justice system has gotten into the business of raising revenue on the backs of the poor
The United States Supreme Court in Bearden v. Georgia, 461 U.S. 660 (1983), held that courts cannot imprison a person for failure to pay a criminal fine unless the failure to pay was “willful.” In 1971 there were fewer than 200,000 inmates in our state and federal prisons. By 2012, that number had risen to over 1,500,000 or about the population […]
Read MoreGeorgia Strange Brew – Brewery Tours and Strange Alcohol Brewing Laws
Georgia is well known for its archaic and stringent alcohol laws which include DUI, brewpub regulations, and brewery restrictions, and seem neither wise, just, or moderate despite our official state slogan to the contrary. On May 15th, 2014, Atlanta Leisure Magazine recently did a story on the North Georgia Beer Brewing scene titled, “How to […]
Read MoreDoes completion of a Pre-Trial Intervention program legally prevent a retrial on the same facts
Double Jeopardy, and no I don’t mean the daily double on the game show “Jeopardy!”, is a fundamental right enshrined in the U.S. Constitution. The Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . . […]
Read MorePhillip Howard on Criminal Justice reform – wait – what
Phillip K. Howard noted commentator on Civil Justice reform gave a TED Talk on the topic: Is the Law making us less free? While his reforms are aimed at civil justice reform, they may be more appropriate for criminal justice reform. He suggests giving Judges who feel trapped by the law the ability to use their […]
Read MoreDorsey v State – you can run but you cannot hide from a DUI
Dorsey v. State, A14A0321, Court of Appeals of Georgia, April 21, 2014. Duandre Jamar Dorsey was found guilty by a jury of failure to yield, DUI less safe, serious injury by DUI. The jury found Dorsey not guilty of aggravated battery on a police officer. He appealed arguing that there was insufficient evidence to support his […]
Read MoreSCOTUS to hear arguments on cell phone searches incident to arrest on April 28 2014
April 28, 2014: The U.S. Supreme Court will hear arguments today on whether police should have to get a warrant when searching cell phones incident to arrest according to the Atlanta Journal-Constitution. Technology experts fear that with the technology available on the market like Cellebrite which can blow past passwords, security encryption, password extraction, and even […]
Read More