Georgia Super Speeder Law hits the books January 1st. 2010
On January 1st, 2010, O.C.G.A. Sec. 40-6-189, hits the law books commonly known as the Super Speeder law. The Super Speeder law provides that drivers who are convicted of driving 75 miles per hour or greater on a two-lane road or 85 mph or greater on any other road are classified as Super Speeders. Super […]
Read MoreHow much is my DUI in Atlanta, Georgia going to cost?
Fox Five did a story on December 30, 2009, on the cost of an Atlanta DUI. Each year in Georgia about 200,000 people are arrested for DUI. In the five-county Metro Atlanta area, there are more than 20,000 arrests each year. They concluded that a DUI will cost on average about $10,000.00. That means that […]
Read MoreGeorge Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed
State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer […]
Read MoreDUI Police fear Twitter
Major news outlets are reporting that police are frustrated by the use of Twitter to warn potentially drunk drivers of roadblocks. Police fear that this free dissemination of information may help to drink drivers escape arrest. This begs the question shouldn’t the police want people to know about roadblocks so they will take a cab […]
Read MoreTiger Woods Incident: Silence is a legal right guaranteed by the Constitution
Tiger Woods’s recent traffic mishap in Orlando, Florida after Thanksgiving brings out interesting issues on how to handle police DUI investigations after a single-car accident. Police are looking for wrongdoing. It is that simple. When someone is looking for wrongdoing, they usually will find it. How you ask could Tiger Woods get in trouble for […]
Read MorePotter v. State, A09A2109, December 03, 2009
In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required by Georgia law when the State produced […]
Read MoreEngland 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 […]
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