Insights from State v. Lim
Does OCGA § 17-16-23 Protect the State from Early Evidence? Insights from State v. Lim On May 20, 2024, the Georgia Court of Appeals Second Division made an impactful decision on court order precedence over OCGA §17-16-23 in State v. Lim. BackgroundAfter his involvement in a single vehicle accident in October 2022, Woo Sik Lim […]
Read MorePivotal Ruling in Fischer v. United States Limits the overuse of Obstruction Charges
On June 28, 2024, the Supreme Court delivered a significant ruling in Fischer v. United States that clarified the scope of obstruction charges under the Sarbanes-Oxley Act. This decision has far-reaching implications, particularly concerning the events of January 6, 2021, and how obstruction statutes are applied in federal law. Background of the Case Joseph Fischer […]
Read MoreDUI Case Update: Tatum v. State
Supreme Court of Georgia considers whether the independent source doctrine allows the admission of cell-phone evidence obtained via a search warrant, without considering if the decision to seek the warrant was prompted by an earlier warrantless search of the same cell-phone. Tatum v. State, S230955, Supreme Court of Georgia, June 11, 2024 Background and Case […]
Read MoreDUI Case Update: Allen v. The State
Appellate Court Victory in the Court of Appeals of Georgia A24A0005. Allen v. The State. This blog post is brought to you by the Law Offices of George Creal. Are you facing DUI charges in Atlanta, Georgia? We understand how stressful this situation can be, and we are here to help. This post discusses a […]
Read MoreState v. Jones: A Comprehensive Analysis of a DUI Case
In the case of State v. Jones, A24A0328, Court of Appeals of Georgia, Fourth Division. Decided: April 22, 2024. the Appellate Court was presented with a series of questions regarding the legality of a traffic stop and subsequent DUI arrest. The case highlights the intricacies of Fourth Amendment jurisprudence and the application of Georgia state […]
Read MoreNew Case Review: Blazek v. The State, A23A0949. Court of Appeals of Georgia, First Division.
Decided: August 7, 2023: Brian Blazek was arrested for DUI after he was contacted by Gwinnett County Police to investigate a called-in complaint that Blazek had possibly been operating an 18-wheel tractor-trailer while intoxicated. Blazek was contacted by police while standing outside and next to his Tractor. Blazek consented to field sobriety tests and portable […]
Read MoreHow Strickland v. State Could Benefit People Cited for DUI in Georgia
Strickland v. State: A Victory for Defendants charged on traffic violations like DUI and charged on a paper Uniform Traffic Citations in Georgia In a 2019 case, Strickland v. State, 349 Ga. App. 673, 675(2), 824 S.E.2d 555 (2019), the Georgia Court of Appeals held that a traffic citation or paper traffic ticket that […]
Read MoreElliott v State – Elliott is not a fat kid with glasses who eats paste – Elliott is a constitutional rock star
Elliott v. State, S18A1204, Supreme Court of Georgia, February 18, 2019. In Elliott v. State, the Supreme Court of Georgia held that Art. 1, Sect. 1, Para XVI of the Georgia Constitutional prohibits the admission into evidence of the refusal of a compelled breath test under the Georgia Implied Consent law as an act of self-incrimination. […]
Read MoreState v Council – Court of Appeals concedes refusal nor compelled breath test admissible
In State v. Council, 343 Ga. App. 583, 586; 807 SE2d 504 (2017), on September 15th, 2016, Susan Council was involved in a multi-vehicle automobile collision. Cobb County Police were told by emergency medical technicians that they believed Ms. Council was under the influence of alcohol. Ms. Council was polite, admitted to drinking 2 glasses of […]
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