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A DUI defendant who does not fight his blood test result has a fool for a client according to the U.S. Supreme Court

U.S. Supreme Court finds DUI Blood tests are not foolproof. Bullcoming v. New Mexico, 09-10876, decided June 23, 2011, footnote 1. Gas chromatography is a widely used scientific method of quantitatively analyzing the constituents of a mixture. See generally H.McNair & J. Miller, Basic Gas Chromatography (2d ed. 2009) (hereinafter McNair). Under SLD’s standard testing […]

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Georgia DUI Breath Test Due Process: A light on the horizon

The Georgia DUI Breath Test Concurring Opinion heard round the world. Davenport v. State, s10G1355, June 20, 2011. “DUE PROCESS…YES.DUE PROCESS. HOLD ON A SECOND. I NEED A MINUTE. DUE PROCESS, I AM JUST GETTING USED TO IT.” quote of a frazzled indigent defendant sitting in jail wearing two pairs of glasses, grey hair standing […]

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No Bull. The Supremes are serious about Confrontation in DUI Blood Test Case

BULLCOMING v. NEW MEXICO, No. 09–10876, Supreme Court of the United States, Argued March 2, 2011—Decided June 23, 2011 Failure to have a lab analyst in court to testify about a state-administered test of the Defendant’s blood in a DUI case no matter how mundane the task is a violation of the Confrontation Clause. The […]

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Douglas County: 4th Amendment prohibition against illegal searches and seizures does not apply in Georgia Probation Revocation Hearings anymore

Douglas County Drug Arrest Probation Violation: State v. Thackston, S10G1337, May 31. 2011. Georgia Supreme Court recently held that an illegal search in a Paulding County Drug arrest in violation of the Fourth Amendment of the United States and Georgia Constitution and Georgia Criminal code does not apply in a probation revocation hearing even if […]

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Gwinnett DUI Plea: When a DUI can get you deported

Gwinnett County DUI plea: LOPEZ v.THE STATE, A11A0676, Court of Appeals of Georgia (June 2, 2011). Opinion by Justice BARNES, Presiding Judge. Silverio Lopez appealed the Gwinnett County trial court’s denial of his motion to withdraw his guilty plea to a Gwinnett County DUI Arrest. Lopez contends his trial counsel was ineffective in his failure […]

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Georgia Court of Appeals upholds Cobb DUI Judge’s finding of no probable cause to arrest for DUI

In State v. Goode, A09A0362, the Georgia Court of Appeals upheld a Cobb County Trial Judge’s grant of a motion to suppress based upon an Officer’s lack of probable cause to arrest for DUI.  The alleged DUI driver was first observed by the officer driving normally but the DUI Police Officer decided to run a […]

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Athens DUI, Clarke County: Reasonable Accommodation of an Independant or additional blood test

State v. Davis, A11A0097, May 12, 2011. DUI-Implied Consent-Additional Tests-Reasonable Accommodation. Danielle Davis was arrested for DUI at a roadblock in downtown Athens, Clarke County Georgia on June 27, 2009. The Trooper read Ms. Davis the implied consent rights for a breath test. Ms. Davis agreed but she requested an independent blood test. The Trooper […]

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Cobb County, Marietta DUI: Why you should never represent yourself in a slam dunk DUI case

Steed v. State, A11A0318, Georgia Court of Appeals, May 11, 2011. Evidence-Hearsay-Res Gestae Exception, Judges-Commenting on the evidence. Ellery Myron Steed was arrested for DUI in Marietta, Georgia DUI. He tried his Cobb County DUI Case in front of a jury of six in the Cobb County State Court. On July 11, 2009, Steed was […]

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2 + 4 = Dead. Lawsuit Alleges Youth Killed After Drinking just two “Four Loko” Alcohol Energy Drinks

A recent lawsuit against the makers of the alcoholic energy drink “Four Loko” by the family of the 15-year-old youth who was hit by a car after drinking only two cans of the product. Revealing the potential danger to youth drinking these alcohol-energy drinks.  The Complaint alleges the alcohol energy drink “desensitizes users to the […]

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