STATE v. FEN YUE TAN,A10A0687,Court of Appeals of Georgia, Decided: July 8, 2010
STATE v. FEN YUE TAN, A10A0687, Court of Appeals of Georgia, Decided: July 8, 2010. F. Tan was arrested for DUI in Gwinnett County after rear-ending another vehicle at a roadblock. She had slurred speech, red and glassy eyes, took two Georgia Standardized Voluntary Field Sobriety Evaluations, a portable breath test, and gave an insufficient […]
Read MoreDuncan v. State, A10A0651, Georgia Court of Appeals, June 28, 2010
DUI, Prescription Drug DUI, Sufficiency of the Evidence, HGN, DRE, Harper Scientific Reliability. Duncan v. State, A10A0651, Georgia Court of Appeals, June 28, 2010. D. Duncan was found guilty by a Coweta County jury of DUI prescription drugs and alcohol in Newnan, Georgia. The defendant was stopped for driving with his headlights off (because they […]
Read MoreWright v. State, A10A0459, June 28, 2010
Vehicular Homicide, DUI, Sufficiency of the Evidence, Merger. Wright v. State, A10A0459, Georgia Court of Appeal, June 28, 2010. After crossing the centerline, a head-on collision, and admitting ingesting methadone and Xanax, M. Wright was convicted on two counts of vehicular homicide, two counts of serious injury by vehicle, and DUI drugs less safe. Wright […]
Read MoreDUI, Right to Counsel, Setting Aside Guilty Plea. Alford v. State, S10A0062, April 19, 2010. A. Alfo
DUI, Right to Counsel, Setting Aside Guilty Plea. Alford v. State, S10A0062, April 19, 2010. A. Alford was found guilty after a bench trial of DUI in Muscogee County State Court in Columbus, Georgia in 1995 without an attorney. He filed a Habeas Corpus petition alleging that he was entitled to legal representation. The Georgia Supreme Court […]
Read MoreDUI refusal, Jury Charges, Closing Argument: Cruselle v. State, A10A0575 (April 7, 2010)
G. Cruselle was stopped for speeding on I-285 in DeKalb County by Officer John Fox of the DeKalb County Police Department’s Special Operations Division. Officer Fox noted that Cruselle was unsteady on his feet; clothes were in disarray; had a flushed face; had bloodshot, watery, and glassy eyes; a strong odor of alcohol; in a […]
Read MoreDUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010)
DUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010). J. Butler was found guilty of DUI in Columbia County Superior Court in Appling, Georgia near Augusta, Georgia. She appealed the legality of her stop. Staff Sergeant Thomas Harper of the Columbia County Sheriff’s Department responded to a domestic disturbance. He saw a vehicle […]
Read MoreDUI Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A20
DUI, DUI Less Safe Sufficiency of the Evidence, Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A2039, Court of Appeals of Georgia, (Decided: March 18, 2010). B. Head was arrested for DUI in Carroll County after a traffic accident wherein he broadsided a bus that turned in front of him. The […]
Read MoreField Tests and why you need to ask if the Officer will arrest you if you refuse: Bramlett v. State
M Bramlett appealed his conviction for DUI following a jury trial. Bramlett asserts on appeal that his field sobriety tests, the one-leg stand, and nine-step walk and turn, should be excluded from evidence as they were not consensual. The Trial Court disagreed. The Court of Appeals affirmed the trial court. M. Bramlett was stopped by […]
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