If You’re Being Investigated for DUI, Stay Calm and Stay Cool – The Police are on the Hook Too!
Any arrest is nerve-wracking, but when it comes to DUI the situation can be especially murky. When stopped at a roadblock or pulled over for a traffic stop and prompted into a DUI investigation, a person is faced with a multitude of options: Should I take a field sobriety test? Which ones? Can I refuse?; Should I take […]
Read MoreSentinel Private Probation Got Some Splainin to Do – Judge rules Private Probation Company Illegal
On September 16, 2013, an Augusta Georgia Area Superior Court Judge in a class action lawsuit against Sentinel Offender Services found that Sentinel Offender Services (hereinafter “Sentinel”) has been illegally providing private probation services in the Augusta area for over ten years. First, O.C.G.A. 42-8-100(g)(1) provides that the chief judge of any court within the county, with the […]
Read MoreAfter Election, States With Legalized Recreational Marijuana Face Issue of Statutory Vagueness
Now that recreational use of marijuana is soon to be legal in Colorado and Washington, state law enforcement, legislators, and prosecutors have expressed concern about how best to handle marijuana DUI charges. Their concerns are twofold: what is the best way to test for active THC in individuals, and at what threshold of THC should […]
Read MoreWisconsin Defendant Disproves His Argument in DUI Trial, Get’s Convicted
When forming an argument concerning field sobriety exams, a good defense lawyer should have the advantage. Regardless of how a defendant performs on the evaluations, there is always a persuasive argument. Because the State presumes field sobriety exams have a level of accuracy, if a defendant performs well, then an attorney can argue that the defendant wasn’t […]
Read MoreSaskatchewan Attorney Argues For Stricter Procedures in Initial DUI Investigations
In Saskatchewan, Canada an attorney is arguing that the possibility of a false-positive on a preliminary breath test machine, if used to secure the probable cause for an arrest, is grounds to suppress evidence gathered after the arrest. In the now twice-appealed, five-year-old case, a Saskatchewan man was pulled over and given a preliminary breath […]
Read MoreFines, License Suspensions, Community Service, and Now Boot Locks – Montana Tests New Preventative DUI Measure
Georgia DUI law is relatively strict. For a first DUI conviction, an individual is subject to the possibility of two separate license suspensions, fines ranging from $300-$1000 without court costs, 40 hours of community service, and the prospect of 24 hours to a year in jail. Although it is not a competition, Butte, Montana law […]
Read MoreNew Jersey Attorney Questions Legitimacy of Breath Test, Cites Radio Frequency Interference
A New Jersey court of appeals recently ruled that attorneys are not allowed to inspect photographs of the rooms where police perform breath tests. The case was prompted by a New Jersey attorney who claimed that he was entitled to inspect photographs of the breath test to ensure that there were no electronic devices present […]
Read MoreObamacare Ruling Questions Federal Mandates Attached to State Funding, Opens Constitutional Challenge to State DUI Laws
In the wake of the Obamacare Supreme Court decision, the leverage given to the federal government to dictate state policy through funding may be weakened. Currently, the federal government uses the prospect of funding to influence state law. For instance, it’s up to a state legislature to decide the legal drinking age, driving age, and legal […]
Read MoreAccuracy of Intoxilyzer 8000, a Breath Test Machine Used in Many States, Scrutinized By Florida Lawyer
Our firm is at the vanguard of defense methods regarding DUI in Georgia. We are currently building a petition, by accruing various filed motions, to make it legally viable to request a material witness to testify regarding the internal source code of the Intoxilyzer 5000. The Intoxilyzer 5000 is the primary breath test machine used […]
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