Appling v State – A12A2137 – 4 Officers not Custody for Miranda during DUI stop
In Appling v. State, A12A2137, March 14, 2013, the Georgia Court of Appeals held that when Officers do not tell you that you are drunk, they intend to arrest you, put you in a police cruiser, handcuff you, wait in a specific location for a more experienced officer then you are not in custody for purposes […]
Read MoreSimmons v. State – A13A0083 – specific consequences of a DUI Jury Trial Wavier need not be known
In Simmons v. State, A13A0083, May 5th, 2013, the Georgia Court of Appeals held that there was no error in the Cobb County State Court Trial Judge’s acceptance of a waiver of the right to a jury trial before a bench trial in the Marietta Trial Court. The Court found that the DUI Defendant need not […]
Read MoreCorey v. State – DUI Arrest – Open Garage is Curtilage
In Corey v. State, A12A2365, March 13, 2013, the Georgia Court of Appeals held that the search of the DUI Defendant’s Cobb County home or its curtilage was presumptively unreasonable absent exigent circumstances or consent even in the presence of probable cause and reversed the Marietta Trial Court in this Cobb County DUI arrest. Physical entry […]
Read MoreCriswell v State – The Police can arrest for a DUI in your own driveway if you don’t ignore them
State v. Criswell, A14A0527, Court of Appeals of Georgia, May 29, 2014. Cristopher Criswell was charged with DUI less safe in Holly Springs, Cherokee County, Georgia, and got his case dismissed at a motion to suppress hearing because the Police had no reason to come on his property and arrest him. The State appealed and […]
Read MoreRolland v. State: Intoxilyzer 5000 – Judicial Comment – Appointment of Experts
In Rolland v. State, A13A0081, April 30, 2013, the Georgia Court of Appeals affirmed the Athens Georgia jury’s finding of Guilty as to a DUI per se and DUI less safe. Defendant Rolland had argued that the Judge had improperly commented on the evidence in violation of OCGA 17-8-57 by discussing the history of the use […]
Read MoreMitchell v. State – A13A0035 – Roadblocks: safety concerns are okay
In Mitchell v. State, A13A0035, April 30, 2013, the Georgia Court of Appeals held affirming the Dublin Georgia Laurens County Trial Court ruling in this Marijuana case that “for safety reasons and sobriety purposes” is a legitimate primary purpose for a Roadblock under Georgia and Federal law which had previously been limited to license checks, sobriety […]
Read MoreWaldron v. State – Search and Seizure – DUI – Closed Business
On April 5th, 2013, the Court of Appeals affirmed the DeKalb County State Court’s denial of the Defendant’s Motion to Suppress in Walden v. State A13A0116, holding that the Police Officer had a reasonable suspicion to stop the Defendant’s vehicle. The Police Officer responded to a burglary in progress after a real estate agent found several […]
Read MoreMissouri v. McNeely, SCOTUS rejects warrantless DUI Blood tests
On April 17, 2013, in Missouri v. McNeely, the Supreme Court of the United States (SCOTUS) rejected a per se rule allowing warrantless, non-consensual blood tests in DUI cases. The State of Missouri had argued that because blood tests dissipate at .015 to .020 an hour there should be an exception to the warrant requirement […]
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