Jones 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 MorePough v State – plowing new ground in Georgia DUI less safe by dicta
Pough v. State, A13A2269, January 15, 2014. Clifford Pough was standing outside of his gold Jeep on the shoulder of I-85 in Gwinnett County when police pulled up to check the vehicle. No one was inside the Jeep and the vehicle was running but its lights were off. Pough allegedly told police that he was on […]
Read MorePlemmons v. State – Making Plemonade out of Plemons
Plemmons v. State, A13A2452, February 18, 2014. Glenn Plemmons was convicted by a jury in Forsyth County, Cumming, Georgia of DUI less safe and driving on the wrong side of the road. Plemmons appealed after the trial court found that he had suffered a serious injury which negated the need for an arrest and reading […]
Read MoreMcCormack v State – a weapons frisk is not authority to open a discovered pill container
McCormack v. State, A13A1390, November 22, 2013. James McCormack was stopped by police for walking in the roadway and obstructing traffic. He had a knife clipped to his belt so the Officer investigating McCormack for walking in the roadway performed a search for weapons for officer safety known as a Terry frisk. No weapons were […]
Read MoreAllen v State tipsters must give more information than Dodge Charger for police stop
Allen v. State, A13A1051, November 22, 2013. The Court of Appeals reversed the denial of Deondrez Allen’s motion to suppress the marijuana found in her Dodge Charger. A be on the lookout or BOLO was given for a Silver Dodge Charger that was involved in several armed robberies over days in unincorporated Fulton County on […]
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