CRIDER v. STATE – A12A2414: The Gray-Areas of Miranda and Initial DUI Investigations
Crider v. State (2013) – Georgia Court of Appeals Terri Crider was pulled over for failure to maintain the lane. When the officer made contact with Crider, he noticed the odor of alcohol on her breath, bloodshot and glassy eyes, and slightly slurred speech. Crider admitted to having been drinking and even said that she was […]
Read MoreFlorida v. Jardines: stop sniffing my curtilage
In Florida v. Jardines, United State Supreme Court, Docket No. 11-564, Mar 26, 2013, Scalia, J., delivered the opinion of the Court in a 5 to 4 decision, in which Thomas, Ginsburg, Sotomayor, and Kagan, JJ., joined. Kagan, J., filed a concurring opinion, in which Ginsburg and Sotomayor, JJ., joined. Alito, J., filed a dissenting opinion, […]
Read MoreFormer Utah State Trooper Accused of Falsifying DUI Evidence
The Associated Press reports that a former Utah state trooper and her superiors are facing a lawsuit concerning wrongful DUI arrests. Utah state trooper Lisa Steed built her reputation on nabbing DUI arrests, using an “uncanny talent — as one supervisor once described it — to garner hundreds of arrests, setting records, earning praise as […]
Read MoreIf 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 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 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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