GA Legislature Passes Internet Mugshot dot com law
The Georgia Legislature passed a law prohibiting the publication of Mugshots on websites for commercial gain. Many websites that publish mugshots data mined from Sheriff’s department websites have set up a system where they charge the arrested person $150 or more to remove their picture. The websites are very adept at optimizing their website so […]
Read MoreMissouri v. McNeely, SCOTUS rejects warrantless DUI Blood tests
On April 17, 2013, in Missouri v. McNeely, the Supreme Court of the United States (SCOTUS) rejected a per se rule allowing warrantless, non-consensual blood tests in DUI cases. The State of Missouri had argued that because blood tests dissipate at .015 to .020 an hour there should be an exception to the warrant requirement […]
Read MoreDrunk Tank Pink: Does your lawyer know why word choice is critical in the courtroom.
In Drunk Tank Pink, Adam Alter explains why word choice really matters in the Courtroom. A research group was questioned regarding a video of a car wreck using different terms to describe the accident. Respondents who were asked what happened after the cars “smashed” together estimated higher speeds and more damage while respondents who were asked what happened […]
Read MoreNACDL’s Champion Magazine exposes the fraudulent science behind standardized field sobriety tests
In Andrew Mishlove’s article in the Jan/Feb Edition of NACDL’s Champion Magazine, he explains the fundamentals of the National Highway Traffic and Safety Administration’s (NHTSA) Standardized Field Sobriety Evaluations (SFST) such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn (W/T) and One Leg Stand (OLS) or as we like to say in Georgia “One-Legged Stand”). Mishlove’s conclusion is […]
Read MoreThe Real Cost of DUI: Insurance Premiums
Every aspect of a DUI is costly except the most pivotal part: the drinks. A night out with friends that ends in DUI can cost upward of $7000.00 to $10,000. A big chunk of that cost is insurance premiums. Foxbusiness.com breaks down how auto-insurance companies treat DUI convictions. After a DUI most states require that your insurance […]
Read MoreACREE V. STATE – A12A2057: When Video Evidence Isn’t Enough
Acree v. State (2013) – Georgia Court of Appeals On the night of April 19, 2008, an officer in Forsyth County pulled over William Garrett Acree for failure to maintain a lane. At a motion to suppress evidence the officer testified that before he activated the camera in his patrol car, he observed Acree cross the […]
Read MoreHINTON V. STATE (2013) Direct Evidence and the Reasonable Hypothesis Defense
HINTON v. STATE – (2013) – Georgia Court of Appeals Around 11:50 p.m. an Atlanta Police Officer who had served on the APD DUI task force for over seven years, and had made 600 DUI arrests, observed a car traveling toward him that appeared to be speeding. With a laser-speed detection device, the officer determined that […]
Read MoreSpirit of Drunk Driving Laws: Impairment vs. Intoxication
On reason.com, Radley Balko provides a persuasive position for DUI Law reform. His basic argument is that impairment, not specifically drinking and driving, is what lawmakers should be focused on punishing. As justification, Balko quotes Austin Police Chief Art Acevedo: “people sometimes focus on how many drinks they can have before they’ll go to jail, […]. It […]
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