Blakely v. State – A12A0625: Avoiding a Roadblock Appeal: Buzz words – “Immediate” and “Sudden”
In Blakely v. State – A12A0625, decided June 14, 2012, Blakely appealed the denial of a motion to suppress evidence from the Superior Court of Elbert County, Elberton, Georgia. The defendant was approaching a roadblock when he “immediately” made a “kind of sudden turn” according to the arrest report. Initially, the arresting officer testified that Defendant was […]
Read MoreArmour v. State – A12A0274 – Johnson County Drug DUI Appeal: When do you have DUI Drug Probable Cause?
Armor v. State – A12A0274 is an appeal of a Johnson County, Wrightsville, Georgia Jury Trial verdict heard on May 2nd, 2012. After a fatal collision, Defendant was arrested at the hospital. The Officer investigating the accident smelled burnt marijuana in the car, found small pieces of marijuana in the carpet of the car, and a […]
Read MoreArizona v. United States – Arizona Immigration Reform: What does the SCOTUS decision mean for Georgia DUI Arrests? Nothing after the first 72 hours.
In Arizona v. the United States, decided June 25, 2012, the United States Supreme Court held that Federal power preempts States’ rights regarding the enforcement of immigration laws. The U.S. Supreme Court decision struck down the provisions of the Arizona law that made it a state crime to hire illegal aliens and be in violation of […]
Read MorePadidham v. State – Georgia Supreme Court – S11G1808 – You can have your breath result when I say you can!
In Padidham v. State – S11G1808, Appellant Jyothiswar Padidham was arrested, charged, and convicted of DUI after being stopped for speeding. At the time of his arrest, Padidham was informed of his Implied Consent Rights and his right, should he submit to a State-administered breath test, to a certified independent test of his choosing to confirm the […]
Read MoreJones v. State – S11G1054 – If you want to avoid a road block don’t panic: stay calm and move on!
Jones v State, S11G1054, is an appeal from a DUI conviction after the Denial of a Motion to Suppress from the Coweta County State Court in Newman, Georgia on May 7, 2012. Micheal Jeffrey Jones was driving in his truck behind an SUV. As they approached the roadblock, the SUV took an abrupt turn into an empty […]
Read MoreCristy v. State – A11A2152: When an Unconstitutional stop is Constitutional? Say What?!
At 7:30 p.m. on August 2009, a Gwinnett County Police officer signaled Curt Christy to pull over because of excessive window tinting. Christy did not pull over, but sped up and turned into a nearby subdivision, eventually pulling into the driveway of his residence. Because Christy proved a minor pursuit and the officer could not […]
Read MoreHite v. State – A11A2008: The Finer Points of the Hearsay Rule: when a affidavit is not testimonial and when law enforcement is regular business
On February 23, 2008, Gary Todd Hite was arrested at approximately 3:30 a.m for DUI at a Georgia State Patrol roadblock. Hite motioned to suppress evidence, claiming the roadblock was unconstitutional. The trial court denied Hite’s motion and the Court affirmed their decision. On appeal, Hite did not dispute testimony, and when appealing a denial […]
Read MoreFlorence v. Board of Chose Freeholders of County of Burlington et al.: U.S. Supreme Court okays strip searches for non-serious crimes like DUI arrests and traffic stops
In Florence v. Board of Chosen Freeholders, the petitioner argues that an involuntary visual strip search of a detainee absent of reasonable suspicion that he or she may attempt to smuggle contraband into the general population of a jail violates the Fourth and Fourteenth Amendments of the Constitution. In a 5-4 decision, the Supreme Court concluded that […]
Read MoreKorponai v. State – OCGA §17-8-57: The Letter of the Law – Union County Superior Court, Blairsville, GA DUI Jury Trial
In the early morning of 5/30/2008, Sandor Korponai failed to negotiate a left turn, lost control of his truck, and crashed into a fence on private property in Union County Georgia. Upon awakening, the owner called 911. The owner noted a smell of alcohol on Kornopai, a lack of balance, and slurred speech. After assessing […]
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