Don’t mix Ambien with anything: Myers v. State, A10A0106, March 9th, 2010
A Coweta County jury convicted M. Myers of five counts of DUI after a jury trial in Newnan Georgia. Myers was arrested for DUI after she was pulled over for weaving by Corporal Chris Segrest of the Coweta County Sheriff’s Department. Corporal Segrest testified that Myers’s speech was slurred, her eyes were glassy, she had […]
Read MoreOdor of Alcohol & Under 21 & Driving = Jail
What does it take for someone under 21 to be arrested for DUI? An odor of alcohol and an admission of drinking are enough regardless of impairment. In Dodds v. State, 288 Ga. App. 231 (2007), a 19-year-old male was stopped by police as a result of his tag frame partially covering his license plate […]
Read MoreGeorge Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed
State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer […]
Read MorePotter v. State, A09A2109, December 03, 2009
In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required by Georgia law when the State produced […]
Read MoreEngland v. State, A09A2181, December 2, 2009
In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies “I would rather have a blood test” is not a request for an […]
Read MoreStrickland v. State, A09A0988, pretrial bond conditions not double jeopardy
The Georgia Court of Appeals held in Strickland v. State, A09A0988 that pretrial bond conditions set by a Gwinnett County DUI Judge in Lawrenceville, Georgia do not violate the double jeopardy provisions of the United States and Georgia Constitution. The Gwinnett County DUI defendant had been arrested for her 3rd DUI with a blood-alcohol level of .326. The […]
Read MoreDavis v. State, A09A2057, dangers of self-representation even if you are a lawyer
In Davis v. State, A09A2057, November 13, 2009, the Georgia Court of Appeals affirmed the judgment of the State Court of Troupe County in LaGrange Georgia in the DUI conviction of Franklin Attorney Dock H. Davis. Mr. Davis represented himself. Mr. Davis was in an accident a 6:15 p.m. wherein he allegedly hit a utility pole in […]
Read MoreGeorgia DUI Implied consent rights are invalid if read 57 minutes after arrest for DUI
On September 22, 2009, the Georgia Court of Appeals decided Thrasher v. State, a DUI drug case involving methamphetamine impairing driving. The DUI occurred in Chatsworth, Georgia in Murray County. The Georgia Court of Appeals held that the DUI blood test should have been suppressed since the Defendant was arrested at the scene of an […]
Read MoreBrogdon v. State, A09A1269, Police can obtain a DUI search warrant for medical records
In Brogdon v. State, A09A1269, the Georgia Court of Appeals affirmed the use of a DUI search warrant to obtain medical records regarding a driver after an accident where an open beer can was found in the car and the driver smelled of alcohol by the Gwinnett County State Court trial judge. The Georgia Court of […]
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