Washington State passes new E-DUI law for driving using smart phone
Washington State becomes the first state to make using a cell phone the same as a DUI as reported in Blaze.com. This is in response to a 32% increase in distracted driving deaths and studies that indicate using a smartphone while driving is worse than driving with a blood-alcohol level over 0.08 grams of alcohol. […]
Read MoreCarl Malamud and his crusade to make access to the Official Code of Georgia Annotated free
On June 21, 2017, the Lawyerist podcast interviewed Carl Malamud about his crusade to bring free public access to laws, statutes, and regulations on the internet. Of particular interest in this podcast, Carl Malamud discussed his battle with the State of Georgia and Lexis-Nexis about the State’s licensing of its Official Code of Georgia Annotated […]
Read MoreCan I pick the test I take after a DUI arrest
Who gets to pick the test administered in a DUI arrest? The short answer is it depends. Let’s assume some hypothetical facts. First, the driver is arrested, Georgia Implied Consent rights are read and the Officer designates either a blood, breath, or urine test. Let’s assume that the police officer chooses a breath test. When […]
Read MoreNo right to an independent test if police get a warrant for blood
Hynes v. States, A17A0633, May 31, 2017. James Hynes was charged with failure to maintain lane, DUI less safe, and DUI per se. Hynes filed a motion to suppress the results of a blood test obtained under a search warrant for the failure of the Cherokee County Sheriff’s Deputy to accommodate his request for an […]
Read MoreIf you are too drunk to drive in Palm Beach Police will give you a ride home
Usually, the sight of blue lights after you have been drinking means that you are about to get a free ride to the county jail, but in Palm, Beach Police are giving people that have had too much to drink to drive a ride home instead of a ride to jail. The Broward Palm Beach […]
Read MoreWhen you say I will only take a blood test in a Georgia DUI
Imagine a hypothetical, a driver is arrested for DUI in Georgia, Georgia Implied Consent is read and the Officer designates a breath test. When the Intoxilyzer 9000 is set up, the driver states that he will not take a breath test but that he will only take a blood test. No other rights are read […]
Read MoreDUI Breath tests are about to be Unconstitutional in Georgia
Oral Arguments in the Georgia Supreme Court were held in Olevik a/k/a Plevik v. State, S17A0738, on August 18, 2017. The arguments were very telling. The defendant was essentially asserting that Police can not compel acts under the Georgia Constitution, and wrapping your lips around a breath tube, directing air for a minimum period, and […]
Read MoreStatham City Police in Barrow County accused of policing DUIs for profit
On January 20, 2017, Crimewatchdaily.com posted an expose of questionable police practices in Statham, Georgia. The city of Statham, with a population of just 2500, is located in Barrow County on the way to Athens off of Georgia 316. Statham is known as a DUI hotbed and reportedly makes exponentially more DUI arrests than surrounding […]
Read MoreTrumps new Immigration Executive Order means mass incarceration for the undocumented
Slate reported on January 25, 2017, on Trump’s latest Executive Order on Immigration. While the mainstream media focuses on the “The Wall,” Criminal Defense attorneys are focusing on the really scary parts for our clients. Our clients range from people with speeding tickets, no driver’s license to serious felony charges. I am sure people will […]
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