Odor of Alcohol & Under 21 & Driving = Jail
What does it take for someone under 21 to be arrested for DUI? An odor of alcohol and an admission of drinking are enough regardless of impairment. In Dodds v. State, 288 Ga. App. 231 (2007), a 19-year-old male was stopped by police as a result of his tag frame partially covering his license plate […]
Read MoreNPR story reveals 9 Billion Dollars a year is spent housing people who can’t make bail
January 21, 2010: National Public Radio story reveals that overburdened local governments spend over $9 Billion (with a B) Dollars housing people who have been arrested, are awaiting trial, and can’t afford to post bail some as low as fifty dollars. These are people a judge has determined are not dangerous, not a threat to […]
Read MoreThe 2009 Mothers Against Drunk Driving Law Enforcement Awards are in!
2009 MADD Georgia Law Enforcement Award Winners Agency Awards: 2008 Jerry Thompson Award – Carmen Smith- Fulton Solicitor General; 2008 Golden Achievement Award- Captain Luther Hires–Jesup Police Department; 2008 New this year C.E.D.D. “Award Campaign to Eliminate Drunk Driving” –Officer Alvin Rodriguez-City of Atlanta Police Department. – Carmen Smith- Fulton Solicitor General; 2008 Golden Achievement […]
Read MoreDUI conviction affirmed of Henry County DUI based on unsteadiness of man with cereral palsy
Harris v. State, A10A0119 (12/21/09). The Georgia Court of Appeals affirmed the conviction of Rodney Harris a man suspected of driving while a less driver after consuming alcohol in a Henry County Bench Trial for DUI despite it being undisputed that Mr. Harris suffered from the cerebral palsy muscular disorder. (According to Wikipedia, The classical […]
Read MoreIf the Judge is Too Just, Get Rid of Him.
D.A. must remove judge from all DUI cases “By PHIL STRICKLAND – For The Californian courtesy of NCtimes.com Justice may be blind, but it’s easy to see there is precious little of it in the courtroom of Judge James Warren for drunken driving victims and their families. In rapid succession two weeks ago, the Riverside […]
Read MoreGeorgia Super Speeder Law hits the books January 1st. 2010
On January 1st, 2010, O.C.G.A. Sec. 40-6-189, hits the law books commonly known as the Super Speeder law. The Super Speeder law provides that drivers who are convicted of driving 75 miles per hour or greater on a two-lane road or 85 mph or greater on any other road are classified as Super Speeders. Super […]
Read MoreHow much is my DUI in Atlanta, Georgia going to cost?
Fox Five did a story on December 30, 2009, on the cost of an Atlanta DUI. Each year in Georgia about 200,000 people are arrested for DUI. In the five-county Metro Atlanta area, there are more than 20,000 arrests each year. They concluded that a DUI will cost on average about $10,000.00. That means that […]
Read MoreGeorge Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed
State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer […]
Read MoreDUI Police fear Twitter
Major news outlets are reporting that police are frustrated by the use of Twitter to warn potentially drunk drivers of roadblocks. Police fear that this free dissemination of information may help to drink drivers escape arrest. This begs the question shouldn’t the police want people to know about roadblocks so they will take a cab […]
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