Got a Breath test DUI take an Olevik
Olevik v. State, S17A0738, Supreme Court of Georgia, Decided: October 16, 2017. Prior to Olevik v. State, No. S17A0738, 2017 WL 4582402 (Ga. Oct. 16, 2017), Georgia courts routinely recognized that the right to refuse a state-administered chemical test following a DUI arrest was not a constitutional right: “As we noted, the United States Supreme Court ruled it […]
Read MoreIs the American jury trial an endangered species
The United States is a country founded on the right to a trial by jury. Yet, juries decide fewer than four percent of criminal cases today and fewer than one percent of civil cases. The widespread use and growth of plea bargaining (where prosecutors offer a reduced jail sentence for a plea before trial and […]
Read MoreSmith v State – DUI vehicular homicide must include lesser included option
Smith v. State, A17A1252, September 7, 2017. Quincy Alexander Smith was convicted of first-degree vehicular homicide for causing the death of another with a blood alcohol concentration over 0.08 grams within three hours of driving. After dropping his wife and children off at a friend’s house, he was turning left into his subdivision when he […]
Read MoreWashington 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 […]
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