The Intoxilyzer 9000 to Replace the 5000 as Georgia’s State Breath Test – But is it Any Better?
It’s official, the Intoxilyzer 9000 has been approved by the Georgia Bureau of Investigation to supersede the Intoxilyzer 5000 as the Georgia state-administered breath test machine. The GBI conducted an exhaustive study comparing the Intoxilyzer 9000, the Evidenzer 240, and the Datamaster DMT based on specifications, user reviews, cost/benefit analysis, and many other criteria, but most importantly […]
Read MoreCLARK V. STATE – A12A1511: Georgia Court of Appeals Classic Re-Run – Constitutional Restrictions for Roadblocks Massaged (Again)
Clark v. State (2012) – Georgia Court of Appeals On May 30, 2010, Justin Clark was stopped at a roadblock in Polk County. The roadblock had been verbally authorized by a sergeant in the Georgia State Patrol. He testified that he implemented the roadblock to check driver’s licenses, proof of insurance, and motorist sobriety. Two GSP […]
Read MoreSPANN V. STATE – A12A1507: A Win in the Battle to Obtain the Source Code for the Intoxilyzer 5000
Spann v. State (2012) – Georgia Court of Appeals In May 2007 Teresa Jean Spann was arrested for DUI. She was convicted after a bench trial in August of 2010. She appealed her conviction, contending that the trial court erred in allowing the admittance of similar transaction evidence and in denying her the issuance of […]
Read MoreAfter Election, States With Legalized Recreational Marijuana Face Issue of Statutory Vagueness
Now that recreational use of marijuana is soon to be legal in Colorado and Washington, state law enforcement, legislators, and prosecutors have expressed concern about how best to handle marijuana DUI charges. Their concerns are twofold: what is the best way to test for active THC in individuals, and at what threshold of THC should […]
Read MoreWisconsin Defendant Disproves His Argument in DUI Trial, Get’s Convicted
When forming an argument concerning field sobriety exams, a good defense lawyer should have the advantage. Regardless of how a defendant performs on the evaluations, there is always a persuasive argument. Because the State presumes field sobriety exams have a level of accuracy, if a defendant performs well, then an attorney can argue that the defendant wasn’t […]
Read MoreOTUWA V. STATE – A12A1382: The Limits of Charging Lesser Included Offenses For First-Degree Vehicular Homicide
The record shows that Otuwa was in a single-vehicle accident on a residential road on August 3, 2008. He lost control of his car, crashed through a stop sign and street sign, veered off of the road, and flipped multiple times. Otuwa’s sister and another passenger were thrown from the vehicle and died of their […]
Read MoreSaskatchewan Attorney Argues For Stricter Procedures in Initial DUI Investigations
In Saskatchewan, Canada an attorney is arguing that the possibility of a false-positive on a preliminary breath test machine, if used to secure the probable cause for an arrest, is grounds to suppress evidence gathered after the arrest. In the now twice-appealed, five-year-old case, a Saskatchewan man was pulled over and given a preliminary breath […]
Read MoreCHARGES REDUCED: Failure to Maintaine Lane – Mediocre Field Tests – Refusal: Pleaded to Reckless Driving
The client allegedly crossed over lanes and ran onto the curb, then proceeded to swerve back onto the roadway and straddle the center lane line. The client was pulled over and when the officer approached the vehicle he noticed a strong odor of alcohol. The officer notified a DUI Unit Officer to meet him for […]
Read MoreSB 236 License Suspension Reform
On January 1, 2013, the license suspension reforms outlined in Georgia Senate Bill 236 will go into effect. We’ve provided a synopsis of the new law below. For the first DUI conviction in 5 years or a first Administrative License Suspension resulting from a Per Se DUI charge, but not a suspension for an ALS […]
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