Sullivan v. State – it does not take much evidence to uphold a DUI jury verdict
Sullivan v. State, A13A2037, March 21, 2014. Michael Sullivan was arrested for DUI less safe in Atlanta, Fulton County Georgia, after being observed by Trooper Osby, of the Georgia State Patrol Nighthawk unit, spinning out at an intersection going the opposite direction. Trooper Osby made a u-turn and pulled him over for doing 50 to 55 in a […]
Read MoreState v Mitchell – State can not argue if not drunk should have taken test in DUI
State v. Mitchell, A13A1829, March 20, 2014. A jury found Dantrell Mitchell guilty of DUI after the Prosecutor argued in closing that by refusing a DUI breath test the Defendant failed to take the opportunity to “prove his innocence.” The Georgia Court of Appeals held that a Prosecutor arguing that a refusal to take a […]
Read MoreCitizen Videos illegal Georgia Roadblock by GSP in Cherokee
On February 20th, 2014, A citizen with a video camera recorded an illegal Georgia Roadblock and posted it to copblock.com where Troopers asked if he had any drugs and ordered him to pull over for a “vehicle safety inspection.” Georgia law only allows Roadblocks for limited purposes and under limited conditions including license and insurance inspection, DUI, […]
Read MoreJones v State – DUI Similars – Goodbye Bent of Mind and Course of Conduct – Finally
Jones v. State, A13A1940, Court of Appeals of Georgia, March 28, 2014. In January 2013, a Cherokee County jury found Michael Jones guilty of DUI Per Se (Breath test DUI), DUI less safe (Impaired driving DUI), and speeding. Jones appealed arguing that the Court erred by admitting evidence of his prior DUI conviction under OCGA […]
Read MoreCampus Police -Take No Prisoners – Show No Mercy – Give No Quarter- double secret probation anyone
College is the first time most people get to sow their wild oats. It’s the first time they are away from their parents. It is the first time they are away from the prying eyes of small-town gossips and subdivision busybodies to figure out who they are and where they want to go in life. […]
Read MoreTaylor v State – when failure to cooperate with police is less safe DUI
Taylor v. State, A13A1899, March 6. 2014. Jeffrey Taylor was arrested for DUI less safe and obstruction at a Douglasville, Douglas County Roadblock. The evidence showed that Mr. Taylor approached a roadblock. He was nervous, visibly shaking, breathing heavily, had glassy eyes but not red, had an odor of alcohol and his heart was beating […]
Read MoreParker v State – guilt by machine wins again
Parker v. State, A13A2100, March 13, 2014. Jason Brent Parker was charged with DUI per se for having an illegal breath alcohol level. He applied for a certificate of materiality under the Uniform Act to Secure the Attendance of Witnesses from Without the State to obtain the source code for the Intoxiliyzer 5000 or Georgia’s […]
Read MoreNew Federal Bill would create a national standard for Marijauna DUI driving
A new bill introduced in Congress would create a national standard for DUI Marijuana and threaten any states that failed to comply with a suspension of federal highway funds. So much for states’ rights. Polis who introduced the bill is a Democrat but it will be interesting to see how Republicans who are traditionally States Rights […]
Read MoreCop fails DUI field sobriety tests while on Duty
March 7th, 2014. USA Today reported that a Lieutenant of the Dallas Police Department was accused of working while impaired, sleeping on the job, and more failed field sobriety tests. Co-workers performed a field sobriety test on him, which was caught on camera, which he failed. The Lieutenant claimed that he was sleeping during his […]
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