Dude, 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 […]
Read MoreNo Bull. The Supremes are serious about Confrontation in DUI Blood Test Case
BULLCOMING v. NEW MEXICO, No. 09–10876, Supreme Court of the United States, Argued March 2, 2011—Decided June 23, 2011 Failure to have a lab analyst in court to testify about a state-administered test of the Defendant’s blood in a DUI case no matter how mundane the task is a violation of the Confrontation Clause. The […]
Read MoreDouglas County: 4th Amendment prohibition against illegal searches and seizures does not apply in Georgia Probation Revocation Hearings anymore
Douglas County Drug Arrest Probation Violation: State v. Thackston, S10G1337, May 31. 2011. Georgia Supreme Court recently held that an illegal search in a Paulding County Drug arrest in violation of the Fourth Amendment of the United States and Georgia Constitution and Georgia Criminal code does not apply in a probation revocation hearing even if […]
Read MoreGwinnett DUI Plea: When a DUI can get you deported
Gwinnett County DUI plea: LOPEZ v.THE STATE, A11A0676, Court of Appeals of Georgia (June 2, 2011). Opinion by Justice BARNES, Presiding Judge. Silverio Lopez appealed the Gwinnett County trial court’s denial of his motion to withdraw his guilty plea to a Gwinnett County DUI Arrest. Lopez contends his trial counsel was ineffective in his failure […]
Read MoreGeorgia Court of Appeals upholds Cobb DUI Judge’s finding of no probable cause to arrest for DUI
In State v. Goode, A09A0362, the Georgia Court of Appeals upheld a Cobb County Trial Judge’s grant of a motion to suppress based upon an Officer’s lack of probable cause to arrest for DUI. The alleged DUI driver was first observed by the officer driving normally but the DUI Police Officer decided to run a […]
Read MoreAthens DUI, Clarke County: Reasonable Accommodation of an Independant or additional blood test
State v. Davis, A11A0097, May 12, 2011. DUI-Implied Consent-Additional Tests-Reasonable Accommodation. Danielle Davis was arrested for DUI at a roadblock in downtown Athens, Clarke County Georgia on June 27, 2009. The Trooper read Ms. Davis the implied consent rights for a breath test. Ms. Davis agreed but she requested an independent blood test. The Trooper […]
Read More