New Study indicates that heavy drinkers perform less well than non-drinkers even when sober on field sobriety tests!
September 15, 2011: A new study published today in the Journal of Alcoholism concludes that even when controlled for age, heavy drinkers have persistent balance and coordination impairment even after sobering up when compared to non-drinkers. The study was performed in Honolulu, Hawaii by Neurobehavioral Research Inc. The study utilized over 200 volunteers. Seventy of […]
Read MoreCobb County DUI Jury Trial by Judge Bowers Reversed: Wagner v. State, a refusal is not evidence of impairment
Wagner v. State, A11A0895, Court of Appeals of Georgia, September 7, 2011. Wagner was convicted of DUI by a jury in Cobb County State Court by Judge Carl Bowers. On October 3, 2008, James D. Wagner was at a restaurant when his 4-year-old child ran outside in the parking lot and fell. Bystanders called the police […]
Read MoreSouth Carolina has a DUI videotape statute? No video of fields, breath test rights, breath test = no DUI. Why is Georgia so far behind?
Three recent DUI cases in South Carolina highlight how behind the times Georgia Courts are in DUI prosecutions. Not only does South Carolina law require Miranda rights before taking DUI field sobriety tests, but they also require that the Defendant’s conduct be videotaped, Miranda warnings are videotaped before field sobriety tests, and that the actual […]
Read MoreSo much for States rights and unfunded mandates: Congress considers legislation mandating breath testing devices on the cars of all DUI offenders
Mandatory DUI Interlock devices or alcohol detectors for vehicles for all DUI offenders and eventually universally? Two United States senators have introduced a bill titled the “Drunk Driving Repeat Offender Prevention Act of 2011” which would require that States pass mandatory alcohol breath testers on the vehicles of all DUI offenders laws or face a […]
Read MoreClayton County DUI Jury Trial
July 28, 2011: Clayton County DUI Jury Trial, Georgia DUI Attorney Mark Burton, NOT GUILTY Defendant walked from home to where his car had been wrecked in a ditch and got there before Officers did. Officers investigated the defendant for DUI and arrested him without field sobriety evaluations. Defendant blew .126, but Officer could not […]
Read MoreHenry County DUI Jury Trial: Hale v. State, A11A0327 (June 30, 2011)
DUI Henry County: Post Arrest Demand for Preliminary Alcohol Breath Test; Jury Charge on Suppressed Breath Test. Hale v. State, A11A0327, June 30, 2011. Walter Hale was arrested for DUI in McDonough, Henry County Georgia after passing another vehicle over a double yellow line on a motorcycle. He was stopped in the parking lot of […]
Read MoreJudge gives 1st time DUI Offenders 14 to 30 days in Jail or more!
The Detroit Free Press reported on a Judge who despite enjoying the occasional glass of wine will subject first-time DUI offenders to 14 to 30 days in jail despite overwhelming research that harsh jail time on DUI offenders does not reduce DUIs and costs local governments an extraordinary amount of money. Most people don’t realize […]
Read MoreClayton County DUI Jury Trial Appeal: If you don’t win less safe, don’t complain about the breath test
Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, […]
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