Tunali v. State, A11A1158, Georgia Court of Appeals, from Troup County State Court
In Tunali v State, an appeal from the denial of a motion to suppress in the Troup County State Court, Tunali raised two issues. First, the Court could not take judicial notice of Department of Public Safety (“DPS”) rules allowing a stop of Tunali’s vehicle, a Ford F-250 pick-up truck displaying a hazardous material placard. The […]
Read MoreCobb County DUI Jury Trial by Judge Bowers Reversed: Wagner v. State, a refusal is not evidence of impairment
Wagner v. State, A11A0895, Court of Appeals of Georgia, September 7, 2011. Wagner was convicted of DUI by a jury in Cobb County State Court by Judge Carl Bowers. On October 3, 2008, James D. Wagner was at a restaurant when his 4-year-old child ran outside in the parking lot and fell. Bystanders called the police […]
Read MoreClayton County DUI Jury Trial Appeal: If you don’t win less safe, don’t complain about the breath test
Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, […]
Read MoreSource Code Evidence: You can subpoena evidence not just witnesses in Kentucky
Yeary v. State, S10G1085, Supreme Court of Georgia, June 20, 2011. Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her breath alcohol as .179 grams. The Trial Court had denied Yeary’s motion to obtain evidence possessed by CMI, Inc., a […]
Read MoreDude, Where is my DUI? Jurisdiction for a Georgia DUI arrest
Cherokee County DUI, Holly Springs, Georgia: Criddle v. State, A11A0044, Court of Appeals of Georgia, June 16, 2011. A Holly Springs Police Officer received a call about a DUI on Hickory Road in the City of Holly Springs in Cherokee County. When the Holly Springs Police Officer got there, he found Criddle’s pick-up truck hanging […]
Read MoreGeorgia Breath Testing Source Code Returns: Episode One -Necessity demands a road trip to Kentucky
Davenport v. State, S10G1355, Supreme Court of Georgia, June 20, 2011. Emily Davenport filed a motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State, O.C.G.A. 24-10-90 to obtain evidence of the internal workings of the Intoxilyzer 5000, specifically the source code, from employees at CMI, Inc. in Kentucky. Davenport […]
Read MoreA DUI defendant who does not fight his blood test result has a fool for a client according to the U.S. Supreme Court
U.S. Supreme Court finds DUI Blood tests are not foolproof. Bullcoming v. New Mexico, 09-10876, decided June 23, 2011, footnote 1. Gas chromatography is a widely used scientific method of quantitatively analyzing the constituents of a mixture. See generally H.McNair & J. Miller, Basic Gas Chromatography (2d ed. 2009) (hereinafter McNair). Under SLD’s standard testing […]
Read MoreGeorgia DUI Breath Test Due Process: A light on the horizon
The Georgia DUI Breath Test Concurring Opinion heard round the world. Davenport v. State, s10G1355, June 20, 2011. “DUE PROCESS…YES.DUE PROCESS. HOLD ON A SECOND. I NEED A MINUTE. DUE PROCESS, I AM JUST GETTING USED TO IT.” quote of a frazzled indigent defendant sitting in jail wearing two pairs of glasses, grey hair standing […]
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