Georgia DUI Law Disregards Key Phase of Alcohol Digestion, Puts Innocent Drivers in Peril
In Georgia, one definition of DUI, DUI per se, is such that if a state-administered test finds an individual’s BAC to be .08 or higher within three hours of driving, that person is deemed to have been driving under the influence. But considering the nature of alcohol’s digestion and dissipation, the three-hour window written into the […]
Read MoreNew Jersey Attorney Questions Legitimacy of Breath Test, Cites Radio Frequency Interference
A New Jersey court of appeals recently ruled that attorneys are not allowed to inspect photographs of the rooms where police perform breath tests. The case was prompted by a New Jersey attorney who claimed that he was entitled to inspect photographs of the breath test to ensure that there were no electronic devices present […]
Read MoreObamacare Ruling Questions Federal Mandates Attached to State Funding, Opens Constitutional Challenge to State DUI Laws
In the wake of the Obamacare Supreme Court decision, the leverage given to the federal government to dictate state policy through funding may be weakened. Currently, the federal government uses the prospect of funding to influence state law. For instance, it’s up to a state legislature to decide the legal drinking age, driving age, and legal […]
Read MoreSTINSON V. STATE – A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal
On May 14, 2011, at around 1:47 a.m. the Jonesboro and Clayton County Police Departments were conducting a roadblock on Lake Jodeco Road in Clayton County. Stinson’s pickup truck crested a hill that obscured the roadblock, and upon noticing the checkpoint he “stopped very suddenly and made a very sharp right turn” onto an adjacent […]
Read MoreAccuracy of Intoxilyzer 8000, a Breath Test Machine Used in Many States, Scrutinized By Florida Lawyer
Our firm is at the vanguard of defense methods regarding DUI in Georgia. We are currently building a petition, by accruing various filed motions, to make it legally viable to request a material witness to testify regarding the internal source code of the Intoxilyzer 5000. The Intoxilyzer 5000 is the primary breath test machine used […]
Read MoreCOWETA COUNTY STATE COURT: Anonymous Tip – Refusal – Motion to Suppress Denied: Client Found Not Guilty of DUI and Reckless Driving
The client was pulled over on I-85 North in Coweta County after an anonymous report of erratic driving. According to police, our client was drifting in and out of her lane. Her tag lights were dysfunctional as well. When the officer approached the vehicle he detected a strong odor of alcohol emitting from the client’s […]
Read MoreTHE TYNDALL EFFECT: How Airbags Can Make Breath Tests Inaccurate
We’ve handled many cases in which one of our clients has had a couple of drinks and gets into an accident. Many times, if the police suspect that a driver has ingested any amount of alcohol, he or she will be arrested for DUI. For better or worse, the circumstances of a car accident make […]
Read MoreFAYETTE COUNTY STATE COURT: Single Vehicle Accident – Refusal – Motion In Limine Denied: Client Found NOT GUILTY of All Charges
The client was in a single-vehicle accident near Highway 270 and Helmer Rd. The client was in a friend’s car ready to leave the scene when an officer arrived. He approached the passenger side of the vehicle and notice the odor of an alcoholic beverage and vomit emitted from our client. When asked to perform […]
Read MoreMISSOURI V. MCNEELY – 11-1425 – PART I: Supreme Court to Rule on Warrantless Blood Draws in DUI Cases
Soon the United States Supreme Court will rule on Missouri v. McNeely, a case that will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we’ll stick to parsing out the precedent and applying it to the facts of the case. At issue in this appeal is the balance of […]
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