Hite v. State – A11A2008: The Finer Points of the Hearsay Rule: when a affidavit is not testimonial and when law enforcement is regular business
On February 23, 2008, Gary Todd Hite was arrested at approximately 3:30 a.m for DUI at a Georgia State Patrol roadblock. Hite motioned to suppress evidence, claiming the roadblock was unconstitutional. The trial court denied Hite’s motion and the Court affirmed their decision. On appeal, Hite did not dispute testimony, and when appealing a denial […]
Read MoreFlorence v. Board of Chose Freeholders of County of Burlington et al.: U.S. Supreme Court okays strip searches for non-serious crimes like DUI arrests and traffic stops
In Florence v. Board of Chosen Freeholders, the petitioner argues that an involuntary visual strip search of a detainee absent of reasonable suspicion that he or she may attempt to smuggle contraband into the general population of a jail violates the Fourth and Fourteenth Amendments of the Constitution. In a 5-4 decision, the Supreme Court concluded that […]
Read MoreKorponai v. State – OCGA §17-8-57: The Letter of the Law – Union County Superior Court, Blairsville, GA DUI Jury Trial
In the early morning of 5/30/2008, Sandor Korponai failed to negotiate a left turn, lost control of his truck, and crashed into a fence on private property in Union County Georgia. Upon awakening, the owner called 911. The owner noted a smell of alcohol on Kornopai, a lack of balance, and slurred speech. After assessing […]
Read MoreYeary v. State – S10G1085: You can subpoena the manufacturer of the Georgia DUI breath test but that dog won’t hunt
Yeary v. State was appealed to the Georgia Supreme Court on multiple counts, one of which dealt with the denial of a motion to obtain the source code of the Intoxilyzer 5000 under the Uniform Act to Secure the Attendance of Witnesses from Without the State (OCGA § 24-10-90 et seq.). The Supreme Court reaffirmed […]
Read MoreTravis v. State: Meriwether County Under 21 DUI and Reckless Driving – Statutory Presumption of Sobriety Not Applicable to Under 21 DUI
TRAVIS v. STATE, A11A1941, Meriwether Superior Court, Appealed from Meriwether County State Court. In 2009, the then 20-year-old Appellant, Kaitlin Travis, was stopped for speeding 32 m.p.h over the posted speed limit late at night on a portion of a highway designated as a construction zone. The officer smelled alcohol emanating from her car. When asked […]
Read MoreFlorida Woman Blames Big Breast for Failure of DUI Field Sobriety Tests
A Florida woman who was pulled over for DUI blamed her large breasts for her poor performance on DUI field sobriety tests. NHTSA confirms that being 50 pounds overweight can negatively affect DUI field sobriety tests. Read the story. georgia dui lawyer | atlanta dui lawyer
Read MoreGeorgia Bill Would Make Second DUI With a Child Under 14 in the Car a Felony
Senate Bill 13 aims to make a second DUI with a child under 14 in the car a felony. The bill was stalled in committee due to technical problems. The problem with a bill like this is how they define DUI with a child in the car. Is it a single transaction or occurrence or […]
Read MoreAfter False Arrest, Oregon County Commissioner on Crusade to Change DUI Field Sobriety Tests for Seniors
After a False Arrest for DUI of Oregon County Commissioner, he seeks to change field tests for drivers over 65 years of age as the standardized DUI Field test are unfair. On the way home from a workout at the gym, the County Commissioner was pulled over by police for weaving and not using his […]
Read MoreLuckey v. State: Fulton County DUI Jury Trial – Request for Additional Test must be Reasonable
LUCKEY v. THE STATE, A11A1699, Court of Appeals of Georgia. Jimmie Luckey was arrested for DUI in Fulton County. He was taken to jail took a breath test and blew over the legal limit. Mr. Luckery requested an additional test of his blood as was his right under Georgia law. However, he would not allow […]
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