Cases of Note - Atlanta DUI Lawyer | DUI Attorney Atlanta

Pough 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 […]

Plemmons 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 […]

McCormack 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 […]

Allen 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 […]

Heard v State – consent to search is no good where reason for stop is wrong

Heard v. State, A13A0853, Court of Appeals of Georgia, Decided: November 22, 2013. James Heard was stopped by police in Franklin County because the Police Captain had told the Officer that a vehicle matching his car’s description had been involved in drug activity and because no tag validation sticker was visible. It turned out that the […]

Spragins v. State – when is a one man roadblock legal

Spragins v. State, A13A0941, November 20, 2013. John Spragins has stopped a roadblock in Coweta County and was arrested for DUI. He appeals arguing that the roadblock was illegal in that vehicles were waived through because there was only one officer available to check them. A Lieutenant verbally instructed officers to conduct a DUI roadblock […]

State v. Hughes – the seige on standard of review continues and de novo wins again

State v. Hughes, A13A1399, Court of Appeals of Georgia, November 21, 2013. The Court of Appeals reversed the Trial Court in Columbus after granting a motion on probable cause that suppressed a blood test in a felony vehicular homicide. This case represents another in a long line of recent cases where traditionally an erroneous or any […]

Smith v. State – outsourcing the Constituitional Responsibilities to Kentucky

Smith v. State, A13A1282, DO-048 C., Court of Appeals of Georgia, Decided: November 15, 2013. Jason Smith was involved in an automobile accident in Atlanta, Georgia, and Fulton County and arrested for DUI. He was treated by paramedics. Sergeant Teague of the Atlanta Police Department DUI task force was dispatched to the scene. Sergeant Teague met […]