England v. State, A09A2181, December 2, 2009
In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies “I would rather have a blood test” is not a request for an […]
Read MoreStrickland v. State, A09A0988, pretrial bond conditions not double jeopardy
The Georgia Court of Appeals held in Strickland v. State, A09A0988 that pretrial bond conditions set by a Gwinnett County DUI Judge in Lawrenceville, Georgia do not violate the double jeopardy provisions of the United States and Georgia Constitution. The Gwinnett County DUI defendant had been arrested for her 3rd DUI with a blood-alcohol level of .326. The […]
Read MoreDavis v. State, A09A2057, dangers of self-representation even if you are a lawyer
In Davis v. State, A09A2057, November 13, 2009, the Georgia Court of Appeals affirmed the judgment of the State Court of Troupe County in LaGrange Georgia in the DUI conviction of Franklin Attorney Dock H. Davis. Mr. Davis represented himself. Mr. Davis was in an accident a 6:15 p.m. wherein he allegedly hit a utility pole in […]
Read MoreAre Atlanta and Georgia DUI police officers required to read Miranda Rights at a DUI traffic stop?
The answer is yes and no. Georgia DUI arrestees like all criminal suspects possess a right to remain silent and not incriminate themselves. These are most commonly known as Miranda rights but come from the Fifth Amendment rights of the United States Constitution, rights under the Georgia Constitution, or rights under O.C.G.A. 24-9-20. See O’Donnell […]
Read MoreGeorgia DUI Implied consent rights are invalid if read 57 minutes after arrest for DUI
On September 22, 2009, the Georgia Court of Appeals decided Thrasher v. State, a DUI drug case involving methamphetamine impairing driving. The DUI occurred in Chatsworth, Georgia in Murray County. The Georgia Court of Appeals held that the DUI blood test should have been suppressed since the Defendant was arrested at the scene of an […]
Read MoreFlorida experts declare the DUI Breath Testing device, Intoxilyzer 5000, scientifically unreliable
Heraldtribune.com reported on September 20, 2009, that two top experts have declared the DUI Breath testing device known as the Intoxilyzer 5000 scientifically unreliable in Florida. Florida law only required the Intoxilyzer 5000 to be checked for calibration for DUI breath tests once a month. The new DUI breath testing machine used by Florida, the […]
Read MoreBrogdon v. State, A09A1269, Police can obtain a DUI search warrant for medical records
In Brogdon v. State, A09A1269, the Georgia Court of Appeals affirmed the use of a DUI search warrant to obtain medical records regarding a driver after an accident where an open beer can was found in the car and the driver smelled of alcohol by the Gwinnett County State Court trial judge. The Georgia Court of […]
Read MoreEven I’m Not that Good: .413 and Lived is a Record!
Recommendation: medical attention and rehab Man falls on head during sobriety test Largo, Florida — Largo Police responded to a crash at Huntington and East Bay. Police say 55-year-old Alfredo Villada Martinez made a U-turn in front of another vehicle and caused the crash. Police say Martinez’s actions and responses afterwards demonstrated impairment. Martinez kept asking […]
Read MoreUnder the limit, still under arrest: State v. Rowell if you blow under I’ll let you go is deceptive
Ever heard the DUI slogan broadcasts on the radio “Over the Limit, Under Arrest.” Does that mean if you blow under the legal limit you will not be arrested? The legal answer is no, but the public does not know that is not true. The public believes and the government’s advertisers keep saying “Over the […]
Read More