Green v State – DUI bench trial – Asleep at the wheel
In Green v. State, A13A1260, September 11, 2013. the Georgia Court of Appeals affirmed in part and reversed in part the judgment of the Trial Court Judge in the Houston County State Court from a DUI arrest arising out of Warner Robins, Georgia. Defendant Green was found asleep at the wheel of his running car parked […]
Read More5 Ways Not to be Fooled by DUI statistics
iacquire.com recently posted a blog about 5 ways not to be fooled by statistics. The Article suggests: Do A Little Bit of Math and Apply Common Sense Always Look for the Source and Check the Authority of the Source Question if the Statistics are Biased or Statistically Insignificant Question if the Statistics are Skewed Purposely […]
Read MoreOhio Judges declares the Intoxilyzer 8000 aka the Inflatilyzer 8000 as unscientific
August 21, 2013. WBNS-10TV Columbus, Ohio reports that Judge Rules Breath-Alcohol Machine Unscientific, Court Cases In Jeopardy. After hearing over a week of testimony from Defense and State experts the Court found that in its role as the gatekeeper of scientific evidence under the Daubert standard (used in Federal Court and civil but not criminal cases in Georgia) […]
Read MoreWalker v. State – Fourth Amendment Seizure – Just Walk Away
Walker v. State, A13A0444, Court of Appeals of Georgia, decided July 12, 2013. When The James Gang sang to “just turn your pretty head and walk away,” they surely weren’t encouraging Ernest Walker to do so in the face of a police officer. However, that’s more or less what Mr. Walker did, well he ran away after an […]
Read MoreState v Hamlett gps tracking warrant denied on appeal
State v. Hamlett A13A0474; A13A0882 Court of Appeals of Georgia, decided 7/16/13, 8/7/13. The Court of Appeals of Georgia picked up the fumble by a Cobb County Superior Court judge and overturned the conviction of the brothers Hamlett. The judge had issued an order allowing for the placement of a GPS monitor on Jalim Hamlett’s truck. […]
Read MoreLewis v. State A13A1263 Anonymous Tip of driving slow in area of thefts not good enough for stop
Lewis v. State A13A1263 – August 13, 2013. The Georgia Court of Appeals held that an “Anonymous Tip” of a chevy blazer driving slowly in the area of thefts in Twiggs County Georgia is not good enough basis under the 4th Amendment to justify a traffic stop to investigate criminal wrongdoing as it is not […]
Read MoreState v Nash the 4th Amendment still smells fresh in Georgia
State v. Nash, A13A0200, A13A0201, Court of Appeals of Georgia, July 16, 2013. The sweet smell of Constitutional rights permeated the Georgia Court of Appeals after reversing a Gwinnett County trial court’s ruling denying the suppression of cocaine, ecstasy, and marijuana, based in part on a Gwinnett County Police officer’s testimony to the “overwhelming odor […]
Read MoreArizona Supreme Court holds that DUI breath testing is really just DUI breath guessing
The Arizona Daily Star article reports that a unanimous Arizona Supreme Court decision is giving DUI Defendants new tools like logic, math, and science in defending DUI breath test cases. The Arizona Supreme Court held that DUI defendants may present evidence of variables such as breath temperature and hematocrit levels which make it impossible to know […]
Read MoreState v Conner – A13A0371 – Georgia DUI Roadblocks – No Cones – No Signs – No problem
THE STATE v. CONNER, A13A0371, Court of Appeals of Georgia, July 3, 2013. On Appeal by the State after the granting of a motion to suppress an illegal, unconstitutional roadblock, the Court of Appeals reversed the trial court ruling by the Cobb County Trial Court finding that the roadblock at issue was not well identified. […]
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