Beware of Vampire Cops: Douglas County and Georgia State Patrol start forced blood draws in refusal cases
Douglas County and Georgia State Patrol DUI Officers have started refusing to take no for answer in DUI cases. Both agencies have adopted police of obtaining a warrant in DUI cases where the driver refuses to provide a breath or blood sample. This is a new policy direction for both agencies with many unresolved legal […]
Read MoreAtlanta Police Officer Rammed by DUI Driver
Atlanta Police Officer John Chafee was rear-ended by a DUI driver on December 24, 2011, at 3 am while writing a ticket. There were no serious injuries. One officer reported an injured knee. Read the story. dui lawyer atlanta | georgia dui lawyer
Read MoreWant to check your HGN before you drive home this season: There’s an app for that!
BreathalEyes is an iPhone app that detects jerking in the eye using the iPhone camera and analyzes the eyes jerking using the Horizontal Gaze Nystagmus field sobriety tests and estimates your blood alcohol ranging between .02 -.17. One wonders with technology like this that costs .99 cents why law enforcement does not use it and […]
Read MoreMartin v. State, A11A1922, December 7, 2011: Roadblock appealed from Douglas County State Court – Actual Supervisor who approved Roadblock is not necessary
Martin v. State, A11A1922, December 7, 2011: Martin was arrested for a marijuana/drug DUI after being stopped at a roadblock. She appealed the Douglasville Trial Court’s finding that the Roadblock was Constitutionally adequate. The Georgia Court of Appeals routinely has held that Roadblock is permissible when: the State must prove that a highway roadblock program […]
Read MoreShelly v. State, A11AQ2172, November 14, 2011: Douglas County Roadblock valid when approved by Chief Deputy
Shelly v. State, A11AQ2172, November 14, 2011: Ronald Shelley was stopped a roadblock in Douglas County. Shelley contested the Roadblock before the Trial Court in Douglasville, Georgia on the basis that the roadblock was not approved by an authorized supervisor for a legitimate primary purpose. The Court of Appeals reviewed the case de novo finding the […]
Read MoreOgilvie v. State, A11A0862, November 4th, 2011: An Accident Jury Charges is available in a Georgia Second Degree vehicular homicide case even though it is a strict liability offense
Ogilvie v. State, A11A0862, November 4th, 2011: Shirley Ogilvie appeals from her conviction for vehicular homicide in the second degree and failure to yield to a pedestrian in a crosswalk in DeKalb County State Court. She alleged that the accusation was fatally defective because it did not set out the elements of the offense and […]
Read MoreBuford v. State, A11A1518, November 4, 2011: Being told “I am charging you with DUI” while in a hospital bed is a DUI arrest for purposes of Implied Consent
Buford v. State, A11A1518, November 4, 2011: Robert Buford appealed his DUI conviction and the denial of his motion to suppress blood test result from his DUI in Cherokee County State Court in Canton Georgia alleging that he was not under arrest for DUI so consent was not implied for purposes of Georgia law and […]
Read MoreGreene v. State, A11A1067, November 17, 2011: It is legal to remove over 50 percent of African American Jurors from the pool of potential jurors
Greene v. State, A11A1067, November 17, 2011: Harry Greene was found guilty of DUI less safe and per se in Henry County after a jury trial. He appealed because the jury pool he was presented was not a fair cross-section of the community as African Americans were under-represented and on the failure of the Court […]
Read MoreFalse Positives with Wonder Bread, Dr. Pepper and smartphone radio inference raise questions about Intoxilyzer in Kansas
November 19, 2011. A Kansas local investigative news special joins the drumbeat of States including Florida and Ohio questioning breath test results from the Intoxilyzer manufactured by CMI, Inc. of Kentucky. The story raised questions about false positives with mouth alcohol, wonder bread, Dr. Pepper soft drinks, and smartphone radio frequency interference. Kansas uses the […]
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