Sanders v State – Intoxilyzer source code is not material to a DUI
Sanders v. State, A14A0142, June 18, 2014. Following a bench trial of a DUI under OCGA 40-6-391(a)(5), Meredith Sanders was found guilty of DUI. She appealed claiming that her Constitutional rights to due process and compulsory process were violated by the failure of Judge Diane Bessen of the Fulton County State Court to grant a […]
Read MoreCollins v State – Stipulated Bench Trials are for suckers
Collins v. State, A14A0304, Court of Appeals of Georgia, June 17, 2014. Camela Noelle Collins was found guilty of DUI Less Safe, DUI Per Se (having a blood or breath level over 0.08 grams within three hours of driving), and failure to maintain lane after a stipulated bench trial. The point of the stipulated bench […]
Read MoreWing v. State – Stop after accident reported on 911 need no corroboration
Wing v. State, A14A0136, Court of Appeals of Georgia, May 27, 2014. On April 7, 2013, police received a dispatch over the radio from a 911 operator that a car had struck another car parked in a church parking lot. When the officer arrived at the parking lot he observed a blue car driving away […]
Read MoreHumphries v State – refusal means longer to bond out is not deceptive
Humphries v. State, A14A0626, Court of Appeals of Georgia, June 11, 2014. Jennifer Humphries was found guilty of DUI per se after a stipulated bench trial before Judge Alan Jordan in Cherokee County State Court in Canton. Jennifer Humphries was pulled over for weaving and driving slow in the fast lane in October of 2012. […]
Read MoreEdison v State – offer by Police not to take to jail in exchange for a test is not a hope of benefit
Edison v. State, A14A0208, Court of Appeals of Georgia, May 29, 2014. Lise Edison was convicted after a Fulton County Bench Trial of DUI less safe drugs after a bench trial. Edison was observed on July 20, 2008, weaving on the freeway and almost hitting another car. Edison looked sleepy and had droopy eyes and […]
Read MoreCarder v State – vehicular homicide can proceed after statute of limitations run on underlying DUI
Carder v. State, A14A0221, Court of Appeals of Georgia, June 4, 2014. Tammy Fay Carder was arrested for DUI, Reckless Driving, and driving on the wrong side of the road on August 4, 2008, after crossing over the center line and striking another vehicle killing a passenger while smelling of wine in Forsyth County. She […]
Read MoreFlading v State – License Suspension Hearing Agreements are admissible as stipulations at Trial
Flading v. State, A14A0557, May 22, 2014. John Flading was convicted by a Fulton County jury of DUI less safe and failure to maintain lane after an arrest for DUI in the City of Roswell. The issue on appeal is whether the Agreement to rescind his administrative license suspension of one year for refusing the State’s […]
Read MoreDorsey v State – you can run but you cannot hide from a DUI
Dorsey v. State, A14A0321, Court of Appeals of Georgia, April 21, 2014. Duandre Jamar Dorsey was found guilty by a jury of failure to yield, DUI less safe, serious injury by DUI. The jury found Dorsey not guilty of aggravated battery on a police officer. He appealed arguing that there was insufficient evidence to support his […]
Read MoreNavarette v California – serving up freedom destroying cocktails with a sliver of patent falsity
When people are stripped of their freedom it is generally done bit by bit until you realize that your freedom is lost. Pink Floyd sang it best in Goodbye Blue Sky, “Did you see the frightened ones? Did you hear the falling bombs? Did you ever wonder – Why we had to run for shelter […]
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