Tunali v. State, A11A1158, Georgia Court of Appeals, from Troup County State Court
In Tunali v State, an appeal from the denial of a motion to suppress in the Troup County State Court, Tunali raised two issues. First, the Court could not take judicial notice of Department of Public Safety (“DPS”) rules allowing a stop of Tunali’s vehicle, a Ford F-250 pick-up truck displaying a hazardous material placard. The […]
Read MoreHow a cell phone or a text message can give you a DUI
Watch this video where a cell phone causes and Intoxilyzer 5000 to register a .253 dui lawyer atlanta | georgia dui lawyer
Read MoreT.V. Investigative Reporter finds Florida Authorities are fudging CMI, Inc Intoxilyzer alcohol breath testing operator permits
A Florida T.V. investigative reporter has uncovered at least 10 police officers who were not properly certified to operate the Intoxilyzer state-administered breath test but were issued permits to do so anyway by the Florida authorities with authority (Florida Department of Law Enforcement hereinafter “FDLE”) over the State DUI breath testing program. Florida law […]
Read MoreDoraville Police Officer arrested for DUI in DeKalb County after rear-end accident
Doraville Police Officer Kasey Lindsey was arrested Saturday night on October 8, 2011, after rear-ending another vehicle. According to police records, he failed field sobriety tests, offered his Doraville Badge instead of his Driver’s License, commenting that this would be their easiest DUI Arrest, admitted to drinking at a Doraville Strip Club, and allegedly blew […]
Read MoreMore problems with the CMI, Inc., Intoxilyzer 8000s in Florida raise new questions about Georgia’s aging fleet of Intoxilyzer 5000 DUI breath machines
Both Georgia and Florida buy their official state-administered breath test machines from CMI, Inc. of Owensboro, Kentucky. A recent review of the “pressure transducer” of 231 of Florida’s Intoxilyzer 8000s has revealed that 40% of the machines register the wrong breath volume. Breath volume is a critical factor in determining blood alcohol content based […]
Read MoreNew 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 […]
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