Henry County DUI: waiting on another officer for 25 minutes in front of police car does not trigger Miranda warnings
Waters v. State, Henry County DUI, Miranda, and DUI, (September 16, 2010). Jennifer Renee Waters was convicted of DUI after a bench trial before the DUI Court judge in Henry County. She was stopped after a be on the lookout call went out for the car driven by Defendant. The Court of Appeals did not […]
Read MoreDeKalb County Roadblock is Legal: Hurt v. State
HURT v. THE STATE, A10A2229, Court of Appeals of Georgia, Decided: November 16, 2010. Rico Hurt was convicted of DeKalb DUI illegal blood alcohol level after a bench trial in the DeKalb County State Court in Decatur, Georgia. The DUI Decatur roadblock was found to be legal. The DUI arrestee argued the roadblock was illegal. […]
Read MoreDouglas County DUI/Hit and Run reversed by Georgia Court of Appeals
Reynolds v. State, A10A1234, Georgia Court of Appeals, DUI, HIt & Run, Sufficiency of the Evidence (September 10, 2010): A Douglas County jury found Carolyn Reynolds guilty of DUI and Hit and Run. The Georgia of Court of Appeals reversed the conviction because the Douglas County Prosecutors did not present any evidence of anyone involved in a […]
Read MoreChandler v. State, A10A1604, Georgia Court of Appeals, August 4th, 2010, DUI appealed from Gwinnett State Court
Georgia criminal law prohibits multiple convictions or successive prosecutions for the same conduct under OCGA § 16-1-7 (b): “If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single […]
Read MoreDUI juror strikes back in Fayette County: State didn’t meet burden
I was a juror in the DUI case held in state court last week. I am also the mother of four and am very against drinking and driving. I know that this is murder on our streets and my children have been told time and again that they would be in the worst kind of […]
Read MoreSTATE 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 […]
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