HENRY COUNTY STATE COURT: Failure to Maintain Lane – “Thick and Slurred” Speech – Refusal: Not Guilty of All Charges
Our client was pulled over for allegedly driving erratically. The arresting officer wrote in his police report that when he made contact with the defendant he could smell alcohol on his person. According to the report, the officer also observed that our client’s speech was “thick and slurred.” Our client refused field tests multiple times, […]
Read MoreGame Changer: Do the Internet and Social Media Deter or Encourage DUI?
In Pittsburgh, PA, local police departments are concerned that social media is undermining DUI enforcement. According to police, “as soon as they set up a DUI checkpoint, people begin warning others on Twitter and Facebook of the exact location,” which requires them to relocate. This tactic brings to mind the constitutional constraints on roadblocks City of Indianapolis […]
Read MoreIf You’re Being Investigated for DUI, Stay Calm and Stay Cool – The Police are on the Hook Too!
Any arrest is nerve-wracking, but when it comes to DUI the situation can be especially murky. When stopped at a roadblock or pulled over for a traffic stop and prompted into a DUI investigation, a person is faced with a multitude of options: Should I take a field sobriety test? Which ones? Can I refuse?; Should I take […]
Read MoreSentinel Private Probation Got Some Splainin to Do – Judge rules Private Probation Company Illegal
On September 16, 2013, an Augusta Georgia Area Superior Court Judge in a class action lawsuit against Sentinel Offender Services found that Sentinel Offender Services (hereinafter “Sentinel”) has been illegally providing private probation services in the Augusta area for over ten years. First, O.C.G.A. 42-8-100(g)(1) provides that the chief judge of any court within the county, with the […]
Read MoreREDUCED CHARGES: Weaving – Refusal: Client Pleaded to Reckless Driving
The client was following his girlfriend in an ambulance and was pulled over for allegedly weaving. The officer observed bloodshot watery eyes, a strong odor of alcohol, and mumbled slurred speech. The client performed well on field sobriety tests, but the results were distorted in the police report. The client refused the preliminary breath test. […]
Read MoreThe Intoxilyzer 9000 to Replace the 5000 as Georgia’s State Breath Test – But is it Any Better?
It’s official, the Intoxilyzer 9000 has been approved by the Georgia Bureau of Investigation to supersede the Intoxilyzer 5000 as the Georgia state-administered breath test machine. The GBI conducted an exhaustive study comparing the Intoxilyzer 9000, the Evidenzer 240, and the Datamaster DMT based on specifications, user reviews, cost/benefit analysis, and many other criteria, but most importantly […]
Read MoreCLARK V. STATE – A12A1511: Georgia Court of Appeals Classic Re-Run – Constitutional Restrictions for Roadblocks Massaged (Again)
Clark v. State (2012) – Georgia Court of Appeals On May 30, 2010, Justin Clark was stopped at a roadblock in Polk County. The roadblock had been verbally authorized by a sergeant in the Georgia State Patrol. He testified that he implemented the roadblock to check driver’s licenses, proof of insurance, and motorist sobriety. Two GSP […]
Read MoreSPANN V. STATE – A12A1507: A Win in the Battle to Obtain the Source Code for the Intoxilyzer 5000
Spann v. State (2012) – Georgia Court of Appeals In May 2007 Teresa Jean Spann was arrested for DUI. She was convicted after a bench trial in August of 2010. She appealed her conviction, contending that the trial court erred in allowing the admittance of similar transaction evidence and in denying her the issuance of […]
Read MoreAfter Election, States With Legalized Recreational Marijuana Face Issue of Statutory Vagueness
Now that recreational use of marijuana is soon to be legal in Colorado and Washington, state law enforcement, legislators, and prosecutors have expressed concern about how best to handle marijuana DUI charges. Their concerns are twofold: what is the best way to test for active THC in individuals, and at what threshold of THC should […]
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