After Jury Awards Plaintiff $5.4 Million Dollars, State May Want to Rethink Forced Blood Drawing in DUI Cases
A Fulton County jury awarded a Plaintiff 5.4 million dollars after his blood was negligently drawn by a phlebotomist. This raises the issue of what will happen to County Liability when police agencies begin enforcing forced blood draws in DUI cases. atlanta dui lawyer | dui lawyer atlanta
Read MoreBuford v. State, A11A1518, November 4, 2011: Being told “I am charging you with DUI” while in a hospital bed is a DUI arrest for purposes of Implied Consent
Buford v. State, A11A1518, November 4, 2011: Robert Buford appealed his DUI conviction and the denial of his motion to suppress blood test result from his DUI in Cherokee County State Court in Canton Georgia alleging that he was not under arrest for DUI so consent was not implied for purposes of Georgia law and […]
Read MoreA DUI defendant who does not fight his blood test result has a fool for a client according to the U.S. Supreme Court
U.S. Supreme Court finds DUI Blood tests are not foolproof. Bullcoming v. New Mexico, 09-10876, decided June 23, 2011, footnote 1. Gas chromatography is a widely used scientific method of quantitatively analyzing the constituents of a mixture. See generally H.McNair & J. Miller, Basic Gas Chromatography (2d ed. 2009) (hereinafter McNair). Under SLD’s standard testing […]
Read MoreNo Bull. The Supremes are serious about Confrontation in DUI Blood Test Case
BULLCOMING v. NEW MEXICO, No. 09–10876, Supreme Court of the United States, Argued March 2, 2011—Decided June 23, 2011 Failure to have a lab analyst in court to testify about a state-administered test of the Defendant’s blood in a DUI case no matter how mundane the task is a violation of the Confrontation Clause. The […]
Read MoreAthens DUI, Clarke County: Reasonable Accommodation of an Independant or additional blood test
State v. Davis, A11A0097, May 12, 2011. DUI-Implied Consent-Additional Tests-Reasonable Accommodation. Danielle Davis was arrested for DUI at a roadblock in downtown Athens, Clarke County Georgia on June 27, 2009. The Trooper read Ms. Davis the implied consent rights for a breath test. Ms. Davis agreed but she requested an independent blood test. The Trooper […]
Read MoreA fatal crash with trace of drugs in system can mean 15 years
In June 2003, an Athens County jury acquitted an Athens area woman of aggravated vehicular homicide in connection with a car crash that killed a Shade man. A blood test allegedly showed that Farah Holter had chemical byproducts of recent cocaine use in her system at the time of the crash. Her attorney, however, using […]
Read MoreStubblefield v. State, A09A2225 February 2, 2010: Don’t get medical treatment after a DUI arrest
Discovery, Hospital Blood test, Stubblefield v. State, A09A2225 (February 10, 2010). The Court of Appeals affirmed the Coweta County State Court’s denial of a motion to suppress the hospital blood test taken in treating the defendant’s diabetic condition on the night of the DUI arrest. A Newnan Jury found E.J. Stubblefield guilty of DUI alcohol less safe […]
Read MoreSuggested Reading for the Georgia DUI Attorney
Georgia DUI Blood Alcohol Testing Issues for DUI Experts Anthony, R.M., Sutheimer, C.A., and Sunshine, I. Acetaldehyde, Methanol, and Ethanol Analysis by Headspace Gas-Chromatography. JAT 4: 43-45, 1980 Caplan, Y., and Levine, B. The Analysis of Ethanol in Serum, Blood, and Urine, A Comparison of the TDx REA Ethanol Analysis with Gas Chromatography. JAT10:49-52, 1986 […]
Read MorePotter v. State, A09A2109, December 03, 2009
In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required by Georgia law when the State produced […]
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