This is what your government wants for you- Wearable Alcohol Biosensors
DUI Freedom is Security Ensuring submission through careful observation and control, is the path to a safe, secure, and tranquil society. “Through the “A Wearable Alcohol Biosensor” Challenge (the “Challenge”), the National Institute on Alcohol Abuse and Alcoholism (NIAAA), a component of the National Institutes of Health (NIH), is searching for a wearable or otherwise […]
Read MoreState v Padgett – Police requested DUI blood test must go to crime lab
State v. Padgett, A14A1002, November 18, 2014. James Padgett was involved in a motorcycle wreck. Police responding to the accident tested Padgett’s breath with a portable breath test and read Padgett implied consent rights for a DUI blood test. Padgett was transported by ambulance to the hospital and the Police had a nurse at the […]
Read MoreLavertu v. State – What is not ineffective assistance of counsel in a DUI blood test case
In Lavertu v. State, A13A2158, February 7, 2014. Jacqueline Lavertu was arrested in Douglas County for DUI less safe and DUI Per Se (having a blood alcohol content over 0.08), open container, and failure to maintain lane. The Jury found her not guilty of failure to maintain lane but found her guilty of DUI and […]
Read MoreSmith v State – the Rule of Sequestration – its not just for breakfast anymore
In Smith v. State, A13A1441, October 3, 2013, the Georgia Court of Appeals found that rule of sequestration of witnesses, where one witness can not watch another witness testify, applies to both jury trials, Judge trials, and preliminary motion hearings in Georgia DUI cases. At the Trial Court in the Gwinnett County State Court in Lawrenceville, […]
Read MoreMissouri v. McNeely, SCOTUS rejects warrantless DUI Blood tests
On April 17, 2013, in Missouri v. McNeely, the Supreme Court of the United States (SCOTUS) rejected a per se rule allowing warrantless, non-consensual blood tests in DUI cases. The State of Missouri had argued that because blood tests dissipate at .015 to .020 an hour there should be an exception to the warrant requirement […]
Read MoreGeorgia DUI Law Disregards Key Phase of Alcohol Digestion, Puts Innocent Drivers in Peril
In Georgia, one definition of DUI, DUI per se, is such that if a state-administered test finds an individual’s BAC to be .08 or higher within three hours of driving, that person is deemed to have been driving under the influence. But considering the nature of alcohol’s digestion and dissipation, the three-hour window written into the […]
Read MoreMISSOURI V. MCNEELY – 11-1425 – PART I: Supreme Court to Rule on Warrantless Blood Draws in DUI Cases
Soon the United States Supreme Court will rule on Missouri v. McNeely, a case that will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we’ll stick to parsing out the precedent and applying it to the facts of the case. At issue in this appeal is the balance of […]
Read MoreWashington Law Allows State Troopers to Draw Blood, Raises Questions of Probable Cause
A new law in Washington, which took effect on August 1st, allows State Patrol Troopers to draw blood from drivers suspected of DUI. Proponents claim the law will make it easier for repeat offenders to be charged with a felony rather than a misdemeanor at the time of the arrest. In Georgia, officers must obtain […]
Read MorePadidham v. State – Georgia Supreme Court – S11G1808 – You can have your breath result when I say you can!
In Padidham v. State – S11G1808, Appellant Jyothiswar Padidham was arrested, charged, and convicted of DUI after being stopped for speeding. At the time of his arrest, Padidham was informed of his Implied Consent Rights and his right, should he submit to a State-administered breath test, to a certified independent test of his choosing to confirm the […]
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