STINSON V. STATE – A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal
On May 14, 2011, at around 1:47 a.m. the Jonesboro and Clayton County Police Departments were conducting a roadblock on Lake Jodeco Road in Clayton County. Stinson’s pickup truck crested a hill that obscured the roadblock, and upon noticing the checkpoint he “stopped very suddenly and made a very sharp right turn” onto an adjacent […]
Read MoreMISSOURI V. MCNEELY – 11-1425 – PART I: Supreme Court to Rule on Warrantless Blood Draws in DUI Cases
Soon the United States Supreme Court will rule on Missouri v. McNeely, a case that will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we’ll stick to parsing out the precedent and applying it to the facts of the case. At issue in this appeal is the balance of […]
Read MoreWILLIAMS v. STATE – A12A1116 – Free Roadblocks For Everyone! – Constitutional Constraints on Illegal Sobriety Checkpoints Go Through the Wringer
At around 2:00 a.m. officers of the Bibb County Police “HEAT” unit stopped James Williams at a roadblock. The officers observed that Williams was intoxicated and arrested him for suspicion of DUI. On appeal, Williams does not argue the factual findings of the court but contends that the trial court erred when it denied his […]
Read MoreHARKLEROAD v. STATE – A12A1079 – Improper Motions Let the Prosecution Take a Breather
In the early morning of February 10, 2002, Mary Harkleroad was pulled over for speeding in Savannah, Georgia. The officer approached the driver’s side of the vehicle and noticed a strong odor of alcohol. Harkleroad’s eyes were bloodshot and her face was flushed. The passenger in the car claimed that he had been drinking and […]
Read MoreMILLER V. STATE – A121A000 – Good Cop or Bad Cop, You’re Probably Going to Jail: Keeping Cool in the Hot Seat
At around 3:00 a.m. on May 1, 2010, Scott C. Miller was pulled over for speeding. He was clocked at going 64 m.p.h in a 45 m.p.h zone. When the officer approached the vehicle he noticed a distinct odor of alcohol. The officer asked if Miller had been drinking. Miller responded that he hadn’t had […]
Read MoreBlakely 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 […]
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