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DUI Implied Consent: Williams v. State, A09A0836, April 23, 2009

Williams v. State, A09A0836, April 23, 2009, the Georgia Court of Appeals suppressed the blood result of a Defendant to whom he did not read implied consent.  This is really of no surprise as it has been clear and undisputed law that in order for a state-administered chemical test could be admitted into evidence a […]

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U.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation

The U.S. Supreme Court has dealt a blow to the infamous paper witness.  Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent […]

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Wade v. State, A08A1647, DUI, Similar Transactions

Wade v. State, A08A1647, DUI, Similar Transactions, the Georgia Court of Appeals essentially admits that similar transaction evidence in DUI cases is bad law.  Georgia is the only state in the union that allows similar transaction evidence to come in as evidence of “bent of mind” which is just another way of saying bad character […]

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Holowiak v. State, A08A1872: Dodging the Intox 5000 Souce Code

In Holowiak v. State, A08A1872, the Court of Appeals refused to address the Intox 5000 source code in an appeal from the State Court of Cherokee County in Canton, Georgia. Mr. Holowiak, who was stopped at a roadblock in Cherokee County, challenged the “propriety of the roadblock and test results from the Intoxilyzer 5000 machine […]

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Vehicular Homicide, a fifteen year felony, can be based on reckless driving even if you beat the DUI

Guilty plea in fatal crash By Amanda Kramer The man accused of driving drunk and killing a teenager in a car crash in November was sentenced to serve eight years in prison after pleading guilty to the charges this week. Carroll County Superior Court Judge Dennis Blackmon ordered Stanley Keith Benton, 29, of Newnan to […]

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Henry County Georgia Rapper “Nas” DUI demonstrates the fraud of Drug Recognition Expert techniques

The rapper “Nas” was arrested in Henry County, Georgia at a DUI roadblock for DUI marijuana on September 10, 2009.  The charges were recently dropped when the blood test came back negative for marijuana. The police report stated, “Mr. Jones had a green tongue with raised taste buds, and his pulse was raised to 116 […]

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