Cobb County, Marietta DUI: Why you should never represent yourself in a slam dunk DUI case
Steed v. State, A11A0318, Georgia Court of Appeals, May 11, 2011. Evidence-Hearsay-Res Gestae Exception, Judges-Commenting on the evidence. Ellery Myron Steed was arrested for DUI in Marietta, Georgia DUI. He tried his Cobb County DUI Case in front of a jury of six in the Cobb County State Court. On July 11, 2009, Steed was […]
Read MoreJasper County DUI: Sober and lost during the first stop, five minutes later, second stop under the influence of drugs and unsteady, same police officers?
Jasper County DUI, Prescription Drug DUI: RIVERA v.THE STATE, A11A0132, Court of Appeals of Georgia, May 9, 2011. DOYLE, Judge. Deborah Rivera was arrested in Jasper County Georgia for failure to maintain lane and Prescription Drug DUI. She was convicted by a jury and appealed from her conviction for committing two counts of DUI less […]
Read MoreHall County DUI: Massey v. State, All DUIs are similar?
Hall County DUI, Gainesville, Georgia: MASSEY v.THE STATE, A11A0674, Court of Appeals of Georgia, May 5, 2011. A Hall County jury found David Anthony Massey guilty of driving under the influence of alcohol or DUI less safe, reckless driving, fleeing and attempting to elude, speeding, three counts of passing in a no-passing zone, and two […]
Read MoreRinggold, Catoosa County DUI: Double Jeopardy, buy one get one free
Dean v. State, A11A0525, May 2, 2011. Martha Darlene Dean appealed from her motion to dismiss based on double jeopardy grounds. On May 21, 2009, she was involved in a collision just outside Ringgold in Catoosa County. She continued driving and collided with another car. She continued entering Ringgold from unincorporated Catoosa County and collided […]
Read MoreCourt of Appeals Affirms Vehicular Homicide Conviction despite reasonable alternative theory on circumstantial evidence
Shy v. State, A10A1696, Georgia Court of Appeals, March 29, 2011.Vehicular Homicide, 1st Degree; Reckless Driving; Failure to Maintain Lane, and Driving with a Suspended License. The city of Atlanta, Fulton County Superior Court Jury Trial. The driver struck Husband and Wife pulled over in the emergency lane of I-285 with a broken-down car killing […]
Read MoreCourt of Appeals rejects hard fought Cherokee DUI and finds fields relevant to establish blood alcohol
Holowiak v. State II, A10A2021, Georgia Court of Appeals, March 29, 2011. DUI per se; DUI less safe. Cherokee County State Court DUI Jury Trial. The Defendant Driver, Holowiak, was stopped at a roadblock in Cherokee County by the Sheriff’s Department. The Officer smelled an odor of alcohol, observed red and glassy eyes, flushed face, […]
Read MoreSandlin v. State, Georgia Court of Appeal, Appeal No. A10A2197, Jan. 19, 2011: Spreading the Love
On January 19, 2011, the Georgia Court of Appeals expanded the scope of the Love v. State, 271 Ga. 398 (1999) which held unconstitutional the Georgia DUI statute that equated the presence of marijuana in a person’s blood, breath, or urine to DUI regardless of the effect of the marijuana on the person under the Equal […]
Read MoreWhen avoiding a roadblock is a first tier encounter: Bacallo v. State, Oconee County
Bacallao v. State, A10A1743, January 6, 2011. After a Bench Trial in Oconee County State Court in Watkinsville, Georgia, Denise Bacallao was convicted of DUI. She appealed alleging that her stop and seizure was illegal. She was stopped after a Georgia State Trooper saw her pull into a gas station immediately before a roadblock was […]
Read MoreForsyth County DUI: Intoxilyzer 5000 or the State Breath Test maintenance logs are not relevant in a Breath Test DUI case? Jacobson v. State. What about the Constitutiional right to confront and cross-examine witnesses?
JACOBSON v. STATE, 10A2041, Court of Appeals of Georgia, Decided: November 16, 2010. After a DUI jury trial in Forsyth County State Court at the Forsyth County Courthouse in Cumming, Georgia, Jeffrey Lee Jacobson appealed his conviction for DUI alleging that (i) the Forsyth County Trial Judge improperly commented on the evidence in violation of […]
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