It May Seem Hopeless, But Even a Roadblock DUI Can be Fought!
Roadblocks can be nerve-wracking, especially when attempting to avoid them is grounds for a traffic stop. But there is a flip side to the opportunities for arrest created by police through a roadblock. As established by the Georgia Court of Appeals in Thomas v. State (2005), for an arrest or evidence gathered from a roadblock to be legal […]
Read MoreWhat happens to my license if I get a DUI in Georgia but have a license from another state?
What Happens if a Police Officer Takes my Out of State license in a Georgia DUI arrest? A. Georgia DUI with an out of state license If an officer takes your out-of-state license because you were arrested for a DUI in Georgia, you are subject to a license suspension from the state which issued your license […]
Read MoreIf I bind my case over to a higher court -will I be required to go to jail and post a new bond?
If I bind my DUI or other traffic cases over to a higher court for a jury trial from a municipal court or a probate court in Georgia, will I be required to go to jail again and post a new bond? NO. O.C.G.A. 40-13-23 titled, “Waiver of jury trial; withdrawal of waiver” provides in pertinent […]
Read MoreDaydreaming of Drinking a Beer is more Dangerous than actually Drinking One study finds
It has long been settled that texting and driving are more dangerous than driving with a blood-alcohol level over .08. Texting is reported as being 6 times more dangerous than driving while intoxicated by alcohol according to an article on Forbes.com. But did you know that according to a research study reported in Popular Mechanics that Day Dreaming […]
Read MoreGreen v State – DUI bench trial – Asleep at the wheel
In Green v. State, A13A1260, September 11, 2013. the Georgia Court of Appeals affirmed in part and reversed in part the judgment of the Trial Court Judge in the Houston County State Court from a DUI arrest arising out of Warner Robins, Georgia. Defendant Green was found asleep at the wheel of his running car parked […]
Read More5 Ways Not to be Fooled by DUI statistics
iacquire.com recently posted a blog about 5 ways not to be fooled by statistics. The Article suggests: Do A Little Bit of Math and Apply Common Sense Always Look for the Source and Check the Authority of the Source Question if the Statistics are Biased or Statistically Insignificant Question if the Statistics are Skewed Purposely […]
Read MoreOhio Judges declares the Intoxilyzer 8000 aka the Inflatilyzer 8000 as unscientific
August 21, 2013. WBNS-10TV Columbus, Ohio reports that Judge Rules Breath-Alcohol Machine Unscientific, Court Cases In Jeopardy. After hearing over a week of testimony from Defense and State experts the Court found that in its role as the gatekeeper of scientific evidence under the Daubert standard (used in Federal Court and civil but not criminal cases in Georgia) […]
Read MoreWalker v. State – Fourth Amendment Seizure – Just Walk Away
Walker v. State, A13A0444, Court of Appeals of Georgia, decided July 12, 2013. When The James Gang sang to “just turn your pretty head and walk away,” they surely weren’t encouraging Ernest Walker to do so in the face of a police officer. However, that’s more or less what Mr. Walker did, well he ran away after an […]
Read MoreState v Hamlett gps tracking warrant denied on appeal
State v. Hamlett A13A0474; A13A0882 Court of Appeals of Georgia, decided 7/16/13, 8/7/13. The Court of Appeals of Georgia picked up the fumble by a Cobb County Superior Court judge and overturned the conviction of the brothers Hamlett. The judge had issued an order allowing for the placement of a GPS monitor on Jalim Hamlett’s truck. […]
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