NACDL’s Champion Magazine exposes the fraudulent science behind standardized field sobriety tests
In Andrew Mishlove’s article in the Jan/Feb Edition of NACDL’s Champion Magazine, he explains the fundamentals of the National Highway Traffic and Safety Administration’s (NHTSA) Standardized Field Sobriety Evaluations (SFST) such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn (W/T) and One Leg Stand (OLS) or as we like to say in Georgia “One-Legged Stand”). Mishlove’s conclusion is […]
Read MoreThe Real Cost of DUI: Insurance Premiums
Every aspect of a DUI is costly except the most pivotal part: the drinks. A night out with friends that ends in DUI can cost upward of $7000.00 to $10,000. A big chunk of that cost is insurance premiums. Foxbusiness.com breaks down how auto-insurance companies treat DUI convictions. After a DUI most states require that your insurance […]
Read MoreACREE V. STATE – A12A2057: When Video Evidence Isn’t Enough
Acree v. State (2013) – Georgia Court of Appeals On the night of April 19, 2008, an officer in Forsyth County pulled over William Garrett Acree for failure to maintain a lane. At a motion to suppress evidence the officer testified that before he activated the camera in his patrol car, he observed Acree cross the […]
Read MoreHINTON V. STATE (2013) Direct Evidence and the Reasonable Hypothesis Defense
HINTON v. STATE – (2013) – Georgia Court of Appeals Around 11:50 p.m. an Atlanta Police Officer who had served on the APD DUI task force for over seven years, and had made 600 DUI arrests, observed a car traveling toward him that appeared to be speeding. With a laser-speed detection device, the officer determined that […]
Read MoreSpirit of Drunk Driving Laws: Impairment vs. Intoxication
On reason.com, Radley Balko provides a persuasive position for DUI Law reform. His basic argument is that impairment, not specifically drinking and driving, is what lawmakers should be focused on punishing. As justification, Balko quotes Austin Police Chief Art Acevedo: “people sometimes focus on how many drinks they can have before they’ll go to jail, […]. It […]
Read MoreJOHNS V. STATE – A12A1794: The Importance of Court Reporters
Johns vs. State (2013) – Georgia Court of Appeals On March 23, 2010, Brian Louis Johns, Jr. got into an argument with his live-in girlfriend in his girlfriend’s apartment and damaged some of her clothes. She called the police. Johns left, and when the police showed up at his girlfriend’s apartment, she told them that Johns […]
Read MoreIntoxilyzer 5000 Receives State-Wide Ban in Pennsylvania
After the ruling of a Dauphin County Judge in Pennsylvania concerning the accuracy of the Intoxilyzer 5000, PA state police have now issued a state-wide ban on the breath-testing machine. Previously only local police had issued the machine, but now no one in Pennsylvania pulled over for DUI will be asked to take an Intoxilyzer test. […]
Read MoreSUTTON V. STATE – A12A2223: Measuring the Reliability of Anonymous Informants
Sutton v. State (2013) – Georgia Court of Appeals In late 2010, an informant by the alias “It” contacted the Flowery Branch Police Department with allegations that Eric Sutton was using and distributing illegal drugs. “It” claimed to have received his information from “Source A” as identified in the affidavit. “It” had a personal relationship […]
Read MoreSTALLINGS V. STATE – A12A1929: Gauging the Influence of Objectionable Evidence Presented to a Jury
Stallings v. State (2013) – Georgia Court of Appeals At 1:00 a.m. on March 26, 2011, a DeKalb County Police Officer responded to a call about a driver asleep at the wheel of an intersection. Upon reaching the intersection, the officer saw Dominique Stallings’ vehicle, which fit the description, parked irregularly in a nearby parking […]
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