State v Carr – Illegal Search and Seizure – Passengers are people too
State v. Carr – A13A0651-Search & Seizure-Passengers Have Rights Too June 11, 2013 The Fourth Amendment still has legs in the State of Georgia. And if a prosecutor tries to justify a search and seizure based on officer safety concerns, it might be a good idea to have the officer testify. On June 4, 2013, […]
Read MorePuckett v. State – A13A0264 – Expert Witness – Rule of Sequestration
Puckett v. State, A13A0264, May 17, 2013. This case deals with DUI Expert Witnesses and the Rule of Sequestration during a DUI jury trial in Cobb County State Court located in Marietta, Georgia. Under O.C.G.A. 24-9-61 repealed on Jan 1st, 2013 by the new Georgia Evidence Code, either party has the right to have the […]
Read MoreLegal limit for Alcohol lowered in 2013 for Boating Under the Influence in Georgia
CBS Atlanta reports that the New Legal Limit for Boating Under the Influence of 0.08 did not dampen the holiday spirit over the Memorial Day Weekend for 2013. Boating Under the Influence is just as serious as a DUI in a car and carries the same punishments except you won’t lose your privilege to drive a […]
Read MoreLicense Plate Scanner case goes before Georgia Supreme Court on Tuesday January 7th 2014
The Gwinnett Daily posted reported that the License Plate Scanner case will be argued before the Georgia Supreme Court on Tuesday, January 7th, 2014.The case Rodriguez v. State centers around a traffic stop of Sonia Rodriguez in Norcross in Gwinnett County Georgia who was arrested for Marijuana Possession. Apparently, the License Plate Scanner or LPR recognized […]
Read MoreRodriguez v State – A12A2397 – License Plate Recognition Scanner – Rise of the Drones
In Rodriguez v. State – A12A2397 – April 12, 2013, a divided Georgia Court of Appeals affirmed the Gwinnett County stop and conviction of the Defendant and pondered how far with Courts let the technology go in the face of the 4th Amendment prohibition against unreasonable searches and seizures. Rodriguez was stopped by a License Plate […]
Read MoreAppling v State – A12A2137 – 4 Officers not Custody for Miranda during DUI stop
In Appling v. State, A12A2137, March 14, 2013, the Georgia Court of Appeals held that when Officers do not tell you that you are drunk, they intend to arrest you, put you in a police cruiser, handcuff you, wait in a specific location for a more experienced officer then you are not in custody for purposes […]
Read MoreSimmons v. State – A13A0083 – specific consequences of a DUI Jury Trial Wavier need not be known
In Simmons v. State, A13A0083, May 5th, 2013, the Georgia Court of Appeals held that there was no error in the Cobb County State Court Trial Judge’s acceptance of a waiver of the right to a jury trial before a bench trial in the Marietta Trial Court. The Court found that the DUI Defendant need not […]
Read MoreFranklin County Sheriff Steve Thomas says that Intox 5000 has quality assurance problems
In an article in onlineathens.com about obtaining grants from the Governor’s Office of Highway Safety to purchase to newly required Intoxilyzer 9000, Franklin County Sheriff Steve Thomas stated the current state-administered breath test device, the Intoxilyzer 5000, “does not possess all of the attributes necessary to meet evolving legal requests and quality assurance recommendations in the […]
Read MoreCorey v. State – DUI Arrest – Open Garage is Curtilage
In Corey v. State, A12A2365, March 13, 2013, the Georgia Court of Appeals held that the search of the DUI Defendant’s Cobb County home or its curtilage was presumptively unreasonable absent exigent circumstances or consent even in the presence of probable cause and reversed the Marietta Trial Court in this Cobb County DUI arrest. Physical entry […]
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