Edison v State – offer by Police not to take to jail in exchange for a test is not a hope of benefit
Edison v. State, A14A0208, Court of Appeals of Georgia, May 29, 2014. Lise Edison was convicted after a Fulton County Bench Trial of DUI less safe drugs after a bench trial. Edison was observed on July 20, 2008, weaving on the freeway and almost hitting another car. Edison looked sleepy and had droopy eyes and […]
Read MoreCarder v State – vehicular homicide can proceed after statute of limitations run on underlying DUI
Carder v. State, A14A0221, Court of Appeals of Georgia, June 4, 2014. Tammy Fay Carder was arrested for DUI, Reckless Driving, and driving on the wrong side of the road on August 4, 2008, after crossing over the center line and striking another vehicle killing a passenger while smelling of wine in Forsyth County. She […]
Read MoreFlading v State – License Suspension Hearing Agreements are admissible as stipulations at Trial
Flading v. State, A14A0557, May 22, 2014. John Flading was convicted by a Fulton County jury of DUI less safe and failure to maintain lane after an arrest for DUI in the City of Roswell. The issue on appeal is whether the Agreement to rescind his administrative license suspension of one year for refusing the State’s […]
Read MoreDorsey v State – you can run but you cannot hide from a DUI
Dorsey v. State, A14A0321, Court of Appeals of Georgia, April 21, 2014. Duandre Jamar Dorsey was found guilty by a jury of failure to yield, DUI less safe, serious injury by DUI. The jury found Dorsey not guilty of aggravated battery on a police officer. He appealed arguing that there was insufficient evidence to support his […]
Read MoreNavarette v California – serving up freedom destroying cocktails with a sliver of patent falsity
When people are stripped of their freedom it is generally done bit by bit until you realize that your freedom is lost. Pink Floyd sang it best in Goodbye Blue Sky, “Did you see the frightened ones? Did you hear the falling bombs? Did you ever wonder – Why we had to run for shelter […]
Read MoreState v Gauthier-4th Amendment-Reaching for 1st Tier Encounters – Lesson – just ignore the police
In State v. Gauthier, A13A2430, (3/21/14), the Georgia Court of Appeals reversed a Gwinnett County trial court’s decision to suppress evidence in a DUI case based on lack of articulable reasonable suspicion. In this case, Defendant was alleged to have been seen by Gwinnett County police entering a parking lot after businesses were closed for the […]
Read MoreState v Holmes – driving down a road late at night not reason for a investigatory stop by Police
State v. Holmes, A13A2164, March 21, 2014. Travis Holmes was arrested for DUI and had his case thrown out after a motion to suppress the stop in the Cherokee County State Court in Canton, Georgia. Holmes was essentially stopped for driving on a road late at night after a report of vandalism at some local […]
Read MoreSullivan v. State – it does not take much evidence to uphold a DUI jury verdict
Sullivan v. State, A13A2037, March 21, 2014. Michael Sullivan was arrested for DUI less safe in Atlanta, Fulton County Georgia, after being observed by Trooper Osby, of the Georgia State Patrol Nighthawk unit, spinning out at an intersection going the opposite direction. Trooper Osby made a u-turn and pulled him over for doing 50 to 55 in a […]
Read MoreState v Mitchell – State can not argue if not drunk should have taken test in DUI
State v. Mitchell, A13A1829, March 20, 2014. A jury found Dantrell Mitchell guilty of DUI after the Prosecutor argued in closing that by refusing a DUI breath test the Defendant failed to take the opportunity to “prove his innocence.” The Georgia Court of Appeals held that a Prosecutor arguing that a refusal to take a […]
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