Brown v State – Legal Roadblocks must be specifically planned in advance
Brown v. State, S12G1287, October 21, 2013. The Georgia Supreme Court declared the Roadblock in Mr. Brown’s case unconstitutional in violation of the 4th Amendment. On April 6, 2010, there was a complaint about speeding, racing, and littering on Groover Road in Cobb County. On April 7, 2010, an officer was sent to survey the […]
Read MoreBlanchard v State – ineffective assistance of counsel – hire an expert – DUI Diabetes
Blanchard v. State, 13A1082, October 18, 2013. This is an appeal from a DUI jury trial in the State Court of Chatham County in Savannah Georgia. On appeal, Defendant alleged that it was ineffective assistance of counsel not to hire an expert witness to testify about his diabetes and how his diabetic condition could mimic […]
Read MoreYoung v State – Intox Source Code Drama- its either not specific or not credible or both
Young v. State A13A0995, A13A0996, A13A01170-76, October 4th, 2013. The Georgia Court of Appeals denied 9 Athens DUI Defendant’s requests for certificates of materiality to obtain a subpoena for the computer source code which operates the Intoxilyzer 5000, the official state-administered chemical alcohol DUI breath test machine for the State of Georgia, from the manufacturer of […]
Read MoreSmith v State – the Rule of Sequestration – its not just for breakfast anymore
In Smith v. State, A13A1441, October 3, 2013, the Georgia Court of Appeals found that rule of sequestration of witnesses, where one witness can not watch another witness testify, applies to both jury trials, Judge trials, and preliminary motion hearings in Georgia DUI cases. At the Trial Court in the Gwinnett County State Court in Lawrenceville, […]
Read MoreGoogle puts brakes on moneyformugshots.com extortion racket
The New York Times revealed Saturday, October 5, 2013, that Google has taken action as recently as last Thursday, October 3, 2013, to remove mugshot websites that extort money from the arrested from its search algorithm. As Randy Travis sings in his song Good Intentions anyone can wind up in jail on Christmas morning which is […]
Read MoreIt May Seem Hopeless, But Even a Roadblock DUI Can be Fought!
Roadblocks can be nerve-wracking, especially when attempting to avoid them is grounds for a traffic stop. But there is a flip side to the opportunities for arrest created by police through a roadblock. As established by the Georgia Court of Appeals in Thomas v. State (2005), for an arrest or evidence gathered from a roadblock to be legal […]
Read MoreWhat happens to my license if I get a DUI in Georgia but have a license from another state?
What Happens if a Police Officer Takes my Out of State license in a Georgia DUI arrest? A. Georgia DUI with an out of state license If an officer takes your out-of-state license because you were arrested for a DUI in Georgia, you are subject to a license suspension from the state which issued your license […]
Read MoreIf I bind my case over to a higher court -will I be required to go to jail and post a new bond?
If I bind my DUI or other traffic cases over to a higher court for a jury trial from a municipal court or a probate court in Georgia, will I be required to go to jail again and post a new bond? NO. O.C.G.A. 40-13-23 titled, “Waiver of jury trial; withdrawal of waiver” provides in pertinent […]
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