Forsyth County DUI: Intoxilyzer 5000 or the State Breath Test maintenance logs are not relevant in a Breath Test DUI case? Jacobson v. State. What about the Constitutiional right to confront and cross-examine witnesses?
JACOBSON v. STATE, 10A2041, Court of Appeals of Georgia, Decided: November 16, 2010. After a DUI jury trial in Forsyth County State Court at the Forsyth County Courthouse in Cumming, Georgia, Jeffrey Lee Jacobson appealed his conviction for DUI alleging that (i) the Forsyth County Trial Judge improperly commented on the evidence in violation of […]
Read MoreHow life imitates art, a man dressed as a DUI breath test device is arrested for DUI
According to a police report for the City of Oxford Police Department in Ohio, a Halloween reveler, James Miller of Cincinnati, found himself in a scary situation and was arrested for Driving Under the Influence or as they say in Ohio OVI while disguised as a DUI portable alcohol breath test device. He was observed […]
Read MoreIs a machine accurate when no one keeps the records?
Supreme Court: DUI test results should not have been suppressed COLUMBIA, S.C. The state Supreme Court says a lower court will have to review evidence of prejudice in the administration of a breath-test in a drunken-driving case. In a ruling released today, the high court says a trial judge erred in supressing the results of […]
Read MoreDawson County DUI: taking person arrested for DUI 45 minutes to personal doctor for independent test not reasonable
Ritter v. State, A10A1492, Dawson County DUI, Independent DUI test, Intox 5000 Calibration Certificates (September 16, 2010): William Ritter was convicted by a Dawson County Jury of DUI in Dawsonville, Georgia. Ritter contends that his request for an independent blood test at his personal doctor’s office in Alpharetta was not reasonably accommodated. The Georgia Court […]
Read MoreWhat if the human body could produce alcohol?
Endogenous or Auto Brewery Syndrome as a result of intestinal disorders Candidiasis is a yeast infection that plagues the intestine when good bacteria are killed as a result of the long-term use of antibiotics. Some candidiasis sufferers will feel, and appear to be, intoxicated. An unusual symptom of certain people with severe candidiasis is the […]
Read MoreHere we go again: Intoxilyzer 5000 flawed results have been faulty since 2008
Washington Police have discovered that DUI breath tests on the Intoxilzyer 5000 have been flawed since 2008 and are dropping DUIs because of it. These are the same DUI breath test machines used in Georgia to incarcerate people for DUI arrests and DUIs in Atlanta. Unlike district authorities, DUI law enforcement officials in Atlanta do […]
Read MoreHide the Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619
Discovery, Intox 5000, Discovery, Full Information, Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619 (February 11, 2010). The Court of Appeals in a pair of decisions out of Gwinnett County State Court in Lawrenceville, and Cobb County State Court in Marietta, Georgia have affirmed the denial of DUI Defense attorneys to even subpoena […]
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 MoreGeorge Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed
State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer […]
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