Yeary v. State – S10G1085: You can subpoena the manufacturer of the Georgia DUI breath test but that dog won’t hunt
Yeary v. State was appealed to the Georgia Supreme Court on multiple counts, one of which dealt with the denial of a motion to obtain the source code of the Intoxilyzer 5000 under the Uniform Act to Secure the Attendance of Witnesses from Without the State (OCGA § 24-10-90 et seq.). The Supreme Court reaffirmed […]
Read MoreTravis v. State: Meriwether County Under 21 DUI and Reckless Driving – Statutory Presumption of Sobriety Not Applicable to Under 21 DUI
TRAVIS v. STATE, A11A1941, Meriwether Superior Court, Appealed from Meriwether County State Court. In 2009, the then 20-year-old Appellant, Kaitlin Travis, was stopped for speeding 32 m.p.h over the posted speed limit late at night on a portion of a highway designated as a construction zone. The officer smelled alcohol emanating from her car. When asked […]
Read MoreLuckey v. State: Fulton County DUI Jury Trial – Request for Additional Test must be Reasonable
LUCKEY v. THE STATE, A11A1699, Court of Appeals of Georgia. Jimmie Luckey was arrested for DUI in Fulton County. He was taken to jail took a breath test and blew over the legal limit. Mr. Luckery requested an additional test of his blood as was his right under Georgia law. However, he would not allow […]
Read MoreMasood v. State: Doraville DeKalb County Less Safe DUI – No inconsistent Verdict Rule in Georgia
MASOOD v. THE STATE, A11A2246, Court of Appeals of Georgia, Appealed from DeKalb County State Court, Decatur, Georgia. The Appellant, Naveed Masood, was stopped for DUI in Doraville, Georgia. The Doraville Police Officer testified that Masood straddled two lanes, drifted into a turn lane, made a wide turn, and then swerved. The Officer initiated a […]
Read MoreMartin v. State, A11A1922, December 7, 2011: Roadblock appealed from Douglas County State Court – Actual Supervisor who approved Roadblock is not necessary
Martin v. State, A11A1922, December 7, 2011: Martin was arrested for a marijuana/drug DUI after being stopped at a roadblock. She appealed the Douglasville Trial Court’s finding that the Roadblock was Constitutionally adequate. The Georgia Court of Appeals routinely has held that Roadblock is permissible when: the State must prove that a highway roadblock program […]
Read MoreShelly v. State, A11AQ2172, November 14, 2011: Douglas County Roadblock valid when approved by Chief Deputy
Shelly v. State, A11AQ2172, November 14, 2011: Ronald Shelley was stopped a roadblock in Douglas County. Shelley contested the Roadblock before the Trial Court in Douglasville, Georgia on the basis that the roadblock was not approved by an authorized supervisor for a legitimate primary purpose. The Court of Appeals reviewed the case de novo finding the […]
Read MoreOgilvie v. State, A11A0862, November 4th, 2011: An Accident Jury Charges is available in a Georgia Second Degree vehicular homicide case even though it is a strict liability offense
Ogilvie v. State, A11A0862, November 4th, 2011: Shirley Ogilvie appeals from her conviction for vehicular homicide in the second degree and failure to yield to a pedestrian in a crosswalk in DeKalb County State Court. She alleged that the accusation was fatally defective because it did not set out the elements of the offense and […]
Read MoreBuford v. State, A11A1518, November 4, 2011: Being told “I am charging you with DUI” while in a hospital bed is a DUI arrest for purposes of Implied Consent
Buford v. State, A11A1518, November 4, 2011: Robert Buford appealed his DUI conviction and the denial of his motion to suppress blood test result from his DUI in Cherokee County State Court in Canton Georgia alleging that he was not under arrest for DUI so consent was not implied for purposes of Georgia law and […]
Read MoreGreene v. State, A11A1067, November 17, 2011: It is legal to remove over 50 percent of African American Jurors from the pool of potential jurors
Greene v. State, A11A1067, November 17, 2011: Harry Greene was found guilty of DUI less safe and per se in Henry County after a jury trial. He appealed because the jury pool he was presented was not a fair cross-section of the community as African Americans were under-represented and on the failure of the Court […]
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