Wisconsin Defendant Disproves His Argument in DUI Trial, Get’s Convicted
When forming an argument concerning field sobriety exams, a good defense lawyer should have the advantage. Regardless of how a defendant performs on the evaluations, there is always a persuasive argument. Because the State presumes field sobriety exams have a level of accuracy, if a defendant performs well, then an attorney can argue that the defendant wasn’t […]
Read MoreOTUWA V. STATE – A12A1382: The Limits of Charging Lesser Included Offenses For First-Degree Vehicular Homicide
The record shows that Otuwa was in a single-vehicle accident on a residential road on August 3, 2008. He lost control of his car, crashed through a stop sign and street sign, veered off of the road, and flipped multiple times. Otuwa’s sister and another passenger were thrown from the vehicle and died of their […]
Read MoreSaskatchewan Attorney Argues For Stricter Procedures in Initial DUI Investigations
In Saskatchewan, Canada an attorney is arguing that the possibility of a false-positive on a preliminary breath test machine, if used to secure the probable cause for an arrest, is grounds to suppress evidence gathered after the arrest. In the now twice-appealed, five-year-old case, a Saskatchewan man was pulled over and given a preliminary breath […]
Read MoreCHARGES REDUCED: Failure to Maintaine Lane – Mediocre Field Tests – Refusal: Pleaded to Reckless Driving
The client allegedly crossed over lanes and ran onto the curb, then proceeded to swerve back onto the roadway and straddle the center lane line. The client was pulled over and when the officer approached the vehicle he noticed a strong odor of alcohol. The officer notified a DUI Unit Officer to meet him for […]
Read MoreSB 236 License Suspension Reform
On January 1, 2013, the license suspension reforms outlined in Georgia Senate Bill 236 will go into effect. We’ve provided a synopsis of the new law below. For the first DUI conviction in 5 years or a first Administrative License Suspension resulting from a Per Se DUI charge, but not a suspension for an ALS […]
Read MoreFines, License Suspensions, Community Service, and Now Boot Locks – Montana Tests New Preventative DUI Measure
Georgia DUI law is relatively strict. For a first DUI conviction, an individual is subject to the possibility of two separate license suspensions, fines ranging from $300-$1000 without court costs, 40 hours of community service, and the prospect of 24 hours to a year in jail. Although it is not a competition, Butte, Montana law […]
Read MoreCLAYTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Poor Field Tests: Client Found Not Guilty of All Charges
The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer […]
Read MoreCHARGES REDUCED: Failure to Maintain Lane – Speeding – Refusal: Pleaded to Reckless Driving
The client allegedly was speeding and driving erratically. The officer paced the offender and reported his vehicle speed at 87 mph as our client was pulling away from him. The speed limit was 65 mph. Allegedly, our client continued to drive erratically, speeding and weaving in between cars. According to the police report, there was […]
Read MoreFULTON COUNTY STATE COURT: Failure to Maintain Lane – Refusal: Client Found Not Guilty of DUI and FTML
The client was pulled over for failure to maintain a lane on Old Alabama Road and Buice Road in Johns Creek in Fulton County. Officer reported that when he approached the window the client’s eyes were bloodshot and that he could smell the odor of alcohol emanating from his person. The client stated that he […]
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