State v Tittle – Exercising your Constitutional Rights equals Guilty Knowledge
On February 5, 2016, the Georgia Court of Appeals issued its opinion in State v. Tittle, 335 Ga. App. 558, 782 SE2d 487 (2016). In what has become just another DUI “Other Acts” f/k/a “Similar Transactions” case where a Defendant who refused to take a DUI breath test had the State offer evidence of a prior […]
Read MoreSpoone v. State – Mother consented to warrantless entry in son’s DUI investigation
In Spoone v State, 335 Ga. App. 816, 783 SE2d 342 (2016), the Georgia Court of Appeals found that a mother gave consent for police to make a warrantless entry into her house to investigate her adult son who lived in her basement after police followed a liquid trail of leaking automobile fluids to the house […]
Read MoreState v. Williams -Georgia Court of Appeals breakdown on actual consent for DUI testing
On March 27, 2015, In Williams v. State, 296 Ga. 817, 771 SE2d 373 (2015), the Georgia Supreme Court broke the mold on DUI blood, breath, and urine test cases finding in short that the state must provide not just that Georgia Implied Consent Rights had been read but that there was actual consent to search […]
Read MoreSpencer v State- HGN-4 of 6 clues indicates over DUI legal limit
In Spencer v. State, A16A0118, June 9, 2016, the Georgia Court of Appeals concluded in a less safe DUI case that a DUI Police Officer’s testimony at trial that “four out of six clues generally indicates a blood alcohol level equal to or greater than .08.” The Court distinguished Bravo v. State, 304 Ga. App. 243, 247-248, […]
Read MoreSmith v State – DUI and the right to a Constitutional Speedy Trial examined
Smith v. State, A16A0519, Georgia Court of Appeals, July 13, 2016. Jason Smith appealed from his conviction of DUI per se as a result of a five-year delay from his arrest on May 5, 2007, to his bench trial on June 1, 2012. The Court of Appeals remanded the case to the trial court despite […]
Read MoreBirchfield v North Dakota – Need a Warrant for Blood test but just an arrest for Breath test
On June 23, 2016, the United States Supreme Court ruled in Birchfield v. North Dakota that the Fourth Amendment permits warrantless breath tests incident to arrest but not warrantless blood tests. This effectively means that police only need to arrest you for DUI to obtain a breath test and if you refuse or can not […]
Read MoreCulpepper v State Refresher – Defendant testimony at a motion hearing is not admissible at trial
Culpepper v. State, 132 Ga. App. 733, 209 S.E.2d 18 (1974) is an old but very important case in criminal law. It stands for the proposition that the testimony of a Defendant in a motion to suppress can not be used against him at trial over objection and its ground for automatic reversal. Culpepper came […]
Read MoreState v. Oyeniyi-Will means May in Georgia DUI Implied Consent
State v. Oyeniyi-A15A1724, Reversed, February 4th, 2016. The State appealed after the Clayton County Trial Court granted Adeshye Oyeniyi’s motion to suppress his DUI Alcohol Breath test results. The Trial Court found that OCGA 40-5-67.1 implied consent notice for suspects age 21 or over is inaccurate, misleading, and overstates the penalty for refusing to submit […]
Read MoreState v Thompson-Constitutional Speedy Trial Lost Blood
State v. Thompson, A15A1626, Vacated and Remanded, Georgia Court of Appeals, November 18, 2015. Lauren Thompson brought a plea in bar concerning her DUI. The Trial Court granted the plea in the bar by finding that her Constitutional right to a speedy trial was violated as the blood sample was lost. The State appealed the […]
Read More