State v Thompson-Constitutional Speedy Trial Lost Blood
State v. Thompson, A15A1626, Vacated and Remanded, Georgia Court of Appeals, November 18, 2015. Lauren Thompson brought a plea in bar concerning her DUI. The Trial Court granted the plea in the bar by finding that her Constitutional right to a speedy trial was violated as the blood sample was lost. The State appealed the […]
Read MoreFarmer v State – asking for a Urine test in response to Implied Consent
In Farmer v. State, 335 GA. App. 679, 782 S.E.2d 786 (2016), the Court of Appeals found that asking for a urine test in response to the Georgia Implied Consent Rights is not a request for an additional test but only requesting that the Officer designate that test. The Court distinguished McGinn v. State, 268 Ga. App. […]
Read MoreAmerican Beverage Institute slams NTSB recommendation to lower DUI limit
Restaurant Group criticism of lowering the DUI legal limit raises important questions Lowering the DUI legal limit Hill reported on January 14, 2016, that the American Beverage Institute (ABI), a restaurant lobbying group, is outraged at the National Transportation Safety Board (NTSB) call to lower the legal limit for per se DUI alcohol from […]
Read MoreMikell GA DDS v Hortenstine – Client pays for Attorney mistake for DUI license appeal
Mikell (Georgia Department of Driver Services v. Hortenstine, A15A1576, Rev, November 17, 2015. Robert Mikell, Commissioner of the Department of Driver Services (hereinafter “Department”) appealed from the Trial Court’s order reversing the Department’s decision to deny as untimely, Jayson Hortenstine’s request for an administrative license hearing under OCGA 40-5-67.1. The Court of Appeals held that […]
Read MoreState v Holt-50 minutes DUI investigative detention is not unreasonable
State v. Holt, A15A1483, Reversed, November 17, 2015. Jamie Sue Holt was arrested in Cherokee County, Georgia by the Georgia State Patrol after police spoke with her at a gas pump at a Kroger Gas Station while investigating another separate DUI incident. On April 28, 2014, a Georgia State Trooper was dispatched to a Kroger […]
Read MoreTop Chicago Cop orders Police have functioning Dash Cameras and audio or face discipline
Hey Big Brother, we are watching you too. On December 6, 2015, the Chicago Tribune reports top Chicago Cop ordered the Police to have functioning Dash Camera Video and audio or face discipline. Video and Audio make everybody honest, accountable and follow the law including criminals. Police need transparency now more than ever. Hopefully, this […]
Read MoreBrown v State – more than 13 miles too far for independent test
Brown v. State, A15A1425, Affirmed (November 13, 2015). Raymond Brown was arrested for DUI in Lawrenceville, Georgia in Gwinnett County. Officer Long of the Lawrenceville Police Department stopped Brown after observing him driving erratically. Officer Long performed standardized field sobriety evaluations and arrested Brown for DUI. He read Brown’s statutory Georgia Implied Consent Breath Testing […]
Read MoreHARTZLER v STATE – Hospital records are not testimonial under Crawford
Hartzler v State, A15A0321, Affirmed, June 30, 2015. The Georgia Court of Appeals affirmed the felony vehicular homicide conviction of Colon Hartzler. Hartzler appealed alleging sufficiency of the evidence, a violation of the Confrontation Clause in the admission of his hospital blood tests, and charging the jury that negligence of the victim was irrelevant for […]
Read MoreIt is about time to end race discrimination in Jury Selection
On November 2, 2015, the New York Times reported on the oral arguments in the United States Supreme Court case of Foster vs. Chatman, Case No. 14-8349. This is a Georgia Death penalty case where an all-white jury convicted Foster of capital murder and the death penalty. After the normal appeals were exhausted, an open record request was […]
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