Blog News -

Under the limit, still under arrest: State v. Rowell if you blow under I’ll let you go is deceptive

Ever heard the DUI slogan broadcasts on the radio “Over the Limit, Under Arrest.”  Does that mean if you blow under the legal limit you will not be arrested? The legal answer is no, but the public does not know that is not true.  The public believes and the government’s advertisers keep saying “Over the […]

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DUI Source Code Debate Continues: Mathis v. State, A09A0962

In Mathis v. State, A09A0962, the Georgia Court of Appeals addressed an appeal from the denial of a request for the DUI Source Code in a DUI case from Douglasville, Douglas County, Georgia.  The DUI driver was arrested for speeding found with open beers in the car, displayed manifestations of alcohol impairment according to the […]

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DUI Implied Consent: Williams v. State, A09A0836, April 23, 2009

Williams v. State, A09A0836, April 23, 2009, the Georgia Court of Appeals suppressed the blood result of a Defendant to whom he did not read implied consent.  This is really of no surprise as it has been clear and undisputed law that in order for a state-administered chemical test could be admitted into evidence a […]

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U.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation

The U.S. Supreme Court has dealt a blow to the infamous paper witness.  Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent […]

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Wade v. State, A08A1647, DUI, Similar Transactions

Wade v. State, A08A1647, DUI, Similar Transactions, the Georgia Court of Appeals essentially admits that similar transaction evidence in DUI cases is bad law.  Georgia is the only state in the union that allows similar transaction evidence to come in as evidence of “bent of mind” which is just another way of saying bad character […]

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Holowiak v. State, A08A1872: Dodging the Intox 5000 Souce Code

In Holowiak v. State, A08A1872, the Court of Appeals refused to address the Intox 5000 source code in an appeal from the State Court of Cherokee County in Canton, Georgia. Mr. Holowiak, who was stopped at a roadblock in Cherokee County, challenged the “propriety of the roadblock and test results from the Intoxilyzer 5000 machine […]

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