Forest Park, Clayton Co. Slurred speech and couldn’t stand after rear-ending anoth
Testimony that my client had slurred speech and couldn’t stand after rear-ending another driver. He admitted to two beers and an “I don’t care pill” (prescription Xanax). He performed poorly on field tests. He registered a .034 and .036 on the Intoxylzer 5000 and refused a blood test. Argued Client is old and sick but […]
Read MoreForsyth County DUI: Intoxilyzer 5000 or the State Breath Test maintenance logs are not relevant in a Breath Test DUI case? Jacobson v. State. What about the Constitutiional right to confront and cross-examine witnesses?
JACOBSON v. STATE, 10A2041, Court of Appeals of Georgia, Decided: November 16, 2010. After a DUI jury trial in Forsyth County State Court at the Forsyth County Courthouse in Cumming, Georgia, Jeffrey Lee Jacobson appealed his conviction for DUI alleging that (i) the Forsyth County Trial Judge improperly commented on the evidence in violation of […]
Read MoreCrime Lab produces erroneously high blood alcohol tests
Colorado Crime Lab produces false alcohol blood tests in at least 82 DUI cases Eighty-two people in Colorado Springs, Colorado have reportedly been erroneously charged with DUI based on inaccurate blood test results. During a routine audit, Colorado Spring’s Crime Lab determined that out of 1000 tests conducted since January 2009 eighty-two results were incorrect […]
Read MoreHow life imitates art, a man dressed as a DUI breath test device is arrested for DUI
According to a police report for the City of Oxford Police Department in Ohio, a Halloween reveler, James Miller of Cincinnati, found himself in a scary situation and was arrested for Driving Under the Influence or as they say in Ohio OVI while disguised as a DUI portable alcohol breath test device. He was observed […]
Read MoreA fatal crash with trace of drugs in system can mean 15 years
In June 2003, an Athens County jury acquitted an Athens area woman of aggravated vehicular homicide in connection with a car crash that killed a Shade man. A blood test allegedly showed that Farah Holter had chemical byproducts of recent cocaine use in her system at the time of the crash. Her attorney, however, using […]
Read MoreIs a machine accurate when no one keeps the records?
Supreme Court: DUI test results should not have been suppressed COLUMBIA, S.C. The state Supreme Court says a lower court will have to review evidence of prejudice in the administration of a breath-test in a drunken-driving case. In a ruling released today, the high court says a trial judge erred in supressing the results of […]
Read MoreFayette Daily News Reports DUI crackdown for Fayette County and Peachtree City for Labor Day Weekend 2010
The Fayette County Georgia Sheriff’s Department announced a DUI crackdown in Fayette County, Peachtree City, Tyrone, and Fayetteville. County Sheriff’s and local City Police will be teaming up for an “Over the Limit, Under Arrest” weekend for Labor Day 2010.
Read MoreCan Police stop you to investigate if you are DUI in Georgia based on a phone call from another driver?
Accordingly, a general suspicion or a mere hunch is not sufficient to support an investigative stop. Although the primary means by which DUI police officers acquire reasonable suspicion is a personal observation of DUI driving, information acquired from an informant that exhibits a sufficient indicia of reliability can also be the basis for reasonable suspicion […]
Read MoreCan the Police tow my car even if I have someone available to take it as an excuse to search it?
No. The Georgia Court of Appeals has adopted the view that “`[w]hen the driver of a motor vehicle is arrested and a reliable friend is present, authorized and capable to remove an owner’s vehicle which is capable of being safely removed; 405 or where the arrestee expresses a preference as to towing service and designates […]
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