Dui Refusal Has to Be More Probative Than Prejudicial
The case of “Randall v. State, S23A1118” decided on January 17, 2024, by the Supreme Court of Georgia, revolves around the suppression of evidence related to Antonio Rodrick Randall’s refusal to submit to a blood test following his DUI arrest. In an earlier decision, “State v. Randall, 315 Ga. 198, 880 S.E.2d 134 (2022)” (referred […]
Read More10 Critical areas to challenge when fighting a Georgia DUI blood test
In Georgia, as in many other jurisdictions, DUI blood samples are typically tested for alcohol content using published processes by the Georgia Bureau of investigation. The procedure generally involves several key steps: Collection and Preservation of the Sample: The blood sample is not always collected in a controlled and sterile environment like a hospital and […]
Read MoreCan police obtain my medical records if I am taken to the hospital after an accident?
In a Georgia DUI investigation as in many other jurisdictions, the ability of police to obtain medical records following an accident can depend on several factors, including the nature of the accident, whether a crime is suspected (such as driving under the influence -DUI), and the specific circumstances of the patient’s medical treatment. There are […]
Read MoreThe Georgia Code addresses the Nolle Pros
In Georgia law, “nolle prosequi,” often abbreviated as “nolle pros,” is a legal term that refers to the decision by a prosecutor to voluntarily discontinue prosecution of a case. This decision can be made at any point during the criminal proceedings, up until a verdict is reached. When a nolle prosequi is declared, it effectively […]
Read MoreCourt of Appeals of Georgia, First Division
The case is about a woman named Misty Michelle Garrison who was arrested for DUI by the Georgia State Patrol after crashing her car into a utility pole near Blairsville in Union County in Northern Georgia. The State filed an accusation charging Garrison with DUI less safe, failure to maintain lane, and violation of tire […]
Read MoreNew Case Review: Blazek v. The State, A23A0949. Court of Appeals of Georgia, First Division.
Decided: August 7, 2023: Brian Blazek was arrested for DUI after he was contacted by Gwinnett County Police to investigate a called-in complaint that Blazek had possibly been operating an 18-wheel tractor-trailer while intoxicated. Blazek was contacted by police while standing outside and next to his Tractor. Blazek consented to field sobriety tests and portable […]
Read MoreNew Study Casts Doubt on Reliability of DUI Field Sobriety Tests for Marijuana (THC) and by inference Alcohol
A new double-blind, placebo-controlled randomized clinical trial with 182 participants published in the journal JAMA Psychiatry has found that field sobriety tests (FSTs) may not be accurate in identifying drivers who are under the influence of THC. The study, which was conducted by researchers at the University of California, San Diego, found that 49% of […]
Read MoreWhat is an arraignment?
What is an Arraignment Date? An arraignment is a court hearing where the defendant is formally advised of the charges against them and enters a plea. The arraignment is the first time that the defendant will appear in court, and it is an important opportunity to learn about your rights and options. What Happens at […]
Read MoreGeorgia DUI charges in Municipal, Probate and Recorders Court do not require a new bond to request a jury trial or “bind the case over.”
If you have been arrested for DUI in Georgia, you have the right to a jury trial. However, you must waive your right to a jury trial in writing before your case can be resolved in a municipal, probate or records court. The statute governing DUI waiver of jury trial in Georgia is § 40-13-23 […]
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