State 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 […]
Read MoreJones v State – DUI Similars – Goodbye Bent of Mind and Course of Conduct – Finally
Jones v. State, A13A1940, Court of Appeals of Georgia, March 28, 2014. In January 2013, a Cherokee County jury found Michael Jones guilty of DUI Per Se (Breath test DUI), DUI less safe (Impaired driving DUI), and speeding. Jones appealed arguing that the Court erred by admitting evidence of his prior DUI conviction under OCGA […]
Read MoreTaylor v State – when failure to cooperate with police is less safe DUI
Taylor v. State, A13A1899, March 6. 2014. Jeffrey Taylor was arrested for DUI less safe and obstruction at a Douglasville, Douglas County Roadblock. The evidence showed that Mr. Taylor approached a roadblock. He was nervous, visibly shaking, breathing heavily, had glassy eyes but not red, had an odor of alcohol and his heart was beating […]
Read MoreBailey v State – State Breath test on the Intoxilyzer 5000 is not necessarily valid
Bailey v. State, 323 Ga. App. 424, 747 S.E.2d 210 (2013). Christopher Bailey was found guilty of DUI per se under OCGA 40-6-391 (a)(5) by a jury. Bailey appealed alleging that the Fulton County Trial Court gave an erroneous instruction which shifted the burden to Defendant. The DUI Trial Court in Atlanta charged the jury […]
Read MoreLavertu v. State – What is not ineffective assistance of counsel in a DUI blood test case
In Lavertu v. State, A13A2158, February 7, 2014. Jacqueline Lavertu was arrested in Douglas County for DUI less safe and DUI Per Se (having a blood alcohol content over 0.08), open container, and failure to maintain lane. The Jury found her not guilty of failure to maintain lane but found her guilty of DUI and […]
Read MoreMcAllister v State – Sweeping Implied Consent Under the Rug
McAllister v. State, A13A1897, January 22, 2014. Daniel McAllister was arrested in Cherokee County after encountering a police roadblock. He refused the Deputies’ request for a breath test after reading implied consent rights. The Deputy drove McAllister to the jail where he applied for a warrant from a local magistrate for a blood draw. The […]
Read More