Criswell v State – The Police can arrest for a DUI in your own driveway if you don’t ignore them
State v. Criswell, A14A0527, Court of Appeals of Georgia, May 29, 2014. Cristopher Criswell was charged with DUI less safe in Holly Springs, Cherokee County, Georgia, and got his case dismissed at a motion to suppress hearing because the Police had no reason to come on his property and arrest him. The State appealed and […]
Read MoreFeds propose lowering legal limit to .05 or about 1 drink for a women and 2 for a man
The AJC reports that Federal Government officials are planning to recommend lowering the legal limit from .08 to .05. Buckle your seatbelts for the implementation of the new prohibition. Federal government officials stated goal is to completely eliminate alcohol-related deaths. Since one drink for women and two drinks for men could make you DUI, expect a […]
Read MoreRolland v. State: Intoxilyzer 5000 – Judicial Comment – Appointment of Experts
In Rolland v. State, A13A0081, April 30, 2013, the Georgia Court of Appeals affirmed the Athens Georgia jury’s finding of Guilty as to a DUI per se and DUI less safe. Defendant Rolland had argued that the Judge had improperly commented on the evidence in violation of OCGA 17-8-57 by discussing the history of the use […]
Read MoreMitchell v. State – A13A0035 – Roadblocks: safety concerns are okay
In Mitchell v. State, A13A0035, April 30, 2013, the Georgia Court of Appeals held affirming the Dublin Georgia Laurens County Trial Court ruling in this Marijuana case that “for safety reasons and sobriety purposes” is a legitimate primary purpose for a Roadblock under Georgia and Federal law which had previously been limited to license checks, sobriety […]
Read MoreWaldron v. State – Search and Seizure – DUI – Closed Business
On April 5th, 2013, the Court of Appeals affirmed the DeKalb County State Court’s denial of the Defendant’s Motion to Suppress in Walden v. State A13A0116, holding that the Police Officer had a reasonable suspicion to stop the Defendant’s vehicle. The Police Officer responded to a burglary in progress after a real estate agent found several […]
Read MoreGA Legislature Passes Internet Mugshot dot com law
The Georgia Legislature passed a law prohibiting the publication of Mugshots on websites for commercial gain. Many websites that publish mugshots data mined from Sheriff’s department websites have set up a system where they charge the arrested person $150 or more to remove their picture. The websites are very adept at optimizing their website so […]
Read MoreMissouri v. McNeely, SCOTUS rejects warrantless DUI Blood tests
On April 17, 2013, in Missouri v. McNeely, the Supreme Court of the United States (SCOTUS) rejected a per se rule allowing warrantless, non-consensual blood tests in DUI cases. The State of Missouri had argued that because blood tests dissipate at .015 to .020 an hour there should be an exception to the warrant requirement […]
Read MoreDrunk Tank Pink: Does your lawyer know why word choice is critical in the courtroom.
In Drunk Tank Pink, Adam Alter explains why word choice really matters in the Courtroom. A research group was questioned regarding a video of a car wreck using different terms to describe the accident. Respondents who were asked what happened after the cars “smashed” together estimated higher speeds and more damage while respondents who were asked what happened […]
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