Denstaedt v. State – not knowing what experts review is always admissible is not ineffective
Denstaedt v. State, A14A0858, Court of Appeals of Georgia, October 7, 2014. Matthew Denstaedt was convicted of DUI per se or driving over the legal limit as proven by an alcohol breath test in Gwinnett County State Court after an arrest by a Duluth Police Officer. He was acquitted of being a less safe driver […]
Read MoreChristian v State – the stop can be hearsay but the criminal history needs certified operator
Christian v. State, A14A1353 Court of Appeals of Georgia October 7, 2014. Billy Wayne Christian was stopped in Whitfield County after making a scratching sound with his tires because dispatch informed him that his Tennessee Tag was not on file. Christian was convicted of driving on a limited permit and DUI after a bench trial. […]
Read MoreGSP Helicopter Marijuana Raid Yields a Heap of Okra
Time Magazine reported on October 7, 2014, that Georgia State Patrol Marijuana Eradication Team raids homeowners garden and seized a heap of Okra in Cartersville in Bartow County Georgia. Apparently, either the Officers had been at another location previously burning illegal Marijuana bushes which rendered them unable to distinguish between okra and marijuana leaves or […]
Read MoreIn the war on DUI where are the hearts and minds of the people
October 1, 2014. Espn.com reported that Micheal Phelps registered a .14 on his DUI breath test. That is not an interesting story. The interesting story is found in the comments to the story. Many of the commenters called DUI laws a joke and a scam. The comments ranged from the legal limit being too low […]
Read MoreHolland v State – wrong name on blood sample is not an abuse of discretion in overruling chain of custody
Holland v. State, A14A1119, September 23, 2014. Donnie Holland pulled out in front of a Carroll County Sheriff’s Deputy who allegedly had activated his emergency blue lights and siren. Trooper Garmon of the Georgia State Patrol investigated the accident and notice no indications of impairment in Holland at the scene. Trooper Garmon followed Holland to […]
Read MoreState v Cartwright – 2 brake lights and a statute is not enough to avoid traffic stop
State v. Cartwright, A14A1392, September 24, 2014. The State appealed after Allison Cartwright had her DUI dismissed in Cobb County State Court after a motion hearing where the Trial Court found that Cartwright had not violated a traffic law requiring only two operational brake lights by having two operational brake lights but an inoperable center […]
Read MoreWhy is the reasonable doubt standard so important in a DUI case
Why Beyond a Reasonable Doubt? Scholars debate where the concept of guilt beyond a reasonable doubt originated from 18th-century lawyers in England, 16th Century theologians in Spain, 17th-century scholars of science in England, or from the Boston Massacre in 1770. Despite this historical controversy, United States Supreme Court Justice John Marshal Harlan II, considered a conservative […]
Read MoreGeorgia State Patrol to start DUI task force along Interstate I-20
New GSP Nighthawk Unit is formed to patrol I-20 East September 18, 2014. The Rockdale Citizen reported the Georgia State Patrol (hereinafter GSP) announced the formation of a new DUI task force of GSP Nighthawks to patrol Interstate I-20 from Conyers to Georgia State line in Augusta and the 21 counties in between. This new […]
Read MoreWorlds v State – it takes some serious balls to base a stop on that
Worlds v. State, A14A1112 (August 14, 2014). In November 2012, Teresa Worlds was pulled over by police in Hall County because the 4th digit of her license plate was obstructed by a trailer hitch ball mounted on the bumper. During the traffic stop, the police officer found drugs in plain view. Worlds presented photos at […]
Read More