South Carolina has a DUI videotape statute? No video of fields, breath test rights, breath test = no DUI. Why is Georgia so far behind?
Three recent DUI cases in South Carolina highlight how behind the times Georgia Courts are in DUI prosecutions. Not only does South Carolina law require Miranda rights before taking DUI field sobriety tests, but they also require that the Defendant’s conduct be videotaped, Miranda warnings are videotaped before field sobriety tests, and that the actual […]
Read MoreSo much for States rights and unfunded mandates: Congress considers legislation mandating breath testing devices on the cars of all DUI offenders
Mandatory DUI Interlock devices or alcohol detectors for vehicles for all DUI offenders and eventually universally? Two United States senators have introduced a bill titled the “Drunk Driving Repeat Offender Prevention Act of 2011” which would require that States pass mandatory alcohol breath testers on the vehicles of all DUI offenders laws or face a […]
Read MoreClayton County DUI Jury Trial
July 28, 2011: Clayton County DUI Jury Trial, Georgia DUI Attorney Mark Burton, NOT GUILTY Defendant walked from home to where his car had been wrecked in a ditch and got there before Officers did. Officers investigated the defendant for DUI and arrested him without field sobriety evaluations. Defendant blew .126, but Officer could not […]
Read MoreHenry County DUI Jury Trial: Hale v. State, A11A0327 (June 30, 2011)
DUI Henry County: Post Arrest Demand for Preliminary Alcohol Breath Test; Jury Charge on Suppressed Breath Test. Hale v. State, A11A0327, June 30, 2011. Walter Hale was arrested for DUI in McDonough, Henry County Georgia after passing another vehicle over a double yellow line on a motorcycle. He was stopped in the parking lot of […]
Read MoreJudge gives 1st time DUI Offenders 14 to 30 days in Jail or more!
The Detroit Free Press reported on a Judge who despite enjoying the occasional glass of wine will subject first-time DUI offenders to 14 to 30 days in jail despite overwhelming research that harsh jail time on DUI offenders does not reduce DUIs and costs local governments an extraordinary amount of money. Most people don’t realize […]
Read MoreClayton County DUI Jury Trial Appeal: If you don’t win less safe, don’t complain about the breath test
Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, […]
Read MoreSource Code Evidence: You can subpoena evidence not just witnesses in Kentucky
Yeary v. State, S10G1085, Supreme Court of Georgia, June 20, 2011. Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her breath alcohol as .179 grams. The Trial Court had denied Yeary’s motion to obtain evidence possessed by CMI, Inc., a […]
Read MoreDuluth Police Officer terminated for May 5th single car accident that turned into a Georgia DUI Arrest
Gwinnett media sources reported on June 25, 2011that Duluth Police Department terminated Cpl. Dan Diamond for his May 5th, 2011 Gwinnett County DUI arrest. Cpl. Diamond was driving his vehicle, a Dodge Ram 3500 when he ran off the road and struck three trees. After police arrived they notice an odor of alcohol, slurred speech, […]
Read MoreDude, Where is my DUI? Jurisdiction for a Georgia DUI arrest
Cherokee County DUI, Holly Springs, Georgia: Criddle v. State, A11A0044, Court of Appeals of Georgia, June 16, 2011. A Holly Springs Police Officer received a call about a DUI on Hickory Road in the City of Holly Springs in Cherokee County. When the Holly Springs Police Officer got there, he found Criddle’s pick-up truck hanging […]
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