State v. Oyeniyi-Will means May in Georgia DUI Implied Consent
State v. Oyeniyi-A15A1724, Reversed, February 4th, 2016. The State appealed after the Clayton County Trial Court granted Adeshye Oyeniyi’s motion to suppress his DUI Alcohol Breath test results. The Trial Court found that OCGA 40-5-67.1 implied consent notice for suspects age 21 or over is inaccurate, misleading, and overstates the penalty for refusing to submit […]
Read MoreThrillist Gives the Inside Scoop on Jail Food
Thrillist.com published a story on January 10th, 2014 about Jailfood. This is a topic that our clients are always curious about but rarely experience. So we thought we would link to this article to keep them informed or they could just ask the clients of other lawyers. We know that the new Clayton County Jail […]
Read MoreMcCormack v State – a weapons frisk is not authority to open a discovered pill container
McCormack v. State, A13A1390, November 22, 2013. James McCormack was stopped by police for walking in the roadway and obstructing traffic. He had a knife clipped to his belt so the Officer investigating McCormack for walking in the roadway performed a search for weapons for officer safety known as a Terry frisk. No weapons were […]
Read MoreCLAYTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Poor Field Tests: Client Found Not Guilty of All Charges
The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer […]
Read MoreSTINSON V. STATE – A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal
On May 14, 2011, at around 1:47 a.m. the Jonesboro and Clayton County Police Departments were conducting a roadblock on Lake Jodeco Road in Clayton County. Stinson’s pickup truck crested a hill that obscured the roadblock, and upon noticing the checkpoint he “stopped very suddenly and made a very sharp right turn” onto an adjacent […]
Read MoreClayton County DUI Jury Trial
July 28, 2011: Clayton County DUI Jury Trial, Georgia DUI Attorney Mark Burton, NOT GUILTY Defendant walked from home to where his car had been wrecked in a ditch and got there before Officers did. Officers investigated the defendant for DUI and arrested him without field sobriety evaluations. Defendant blew .126, but Officer could not […]
Read MoreClayton County DUI Jury Trial Appeal: If you don’t win less safe, don’t complain about the breath test
Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, […]
Read MoreUPS driver rear-ends Clayton County Commission Chair Eldrin Bell at Police DUI check point and is arrested for DUI.
An off duty UPS driver rear-end the Clayton County Commission Chair Eldrin Bell at a police DUI roadblock on December 17th, 2010. He was arrested for DUI and later blew under the 0.080 legal limit at a 0.071. Clayton County Police charged him with less safe DUI. This case highlights the popular misconception that if […]
Read MoreForest Park, Clayton Co. Slurred speech and couldn’t stand after rear-ending anoth
Testimony that my client had slurred speech and couldn’t stand after rear-ending another driver. He admitted to two beers and an “I don’t care pill” (prescription Xanax). He performed poorly on field tests. He registered a .034 and .036 on the Intoxylzer 5000 and refused a blood test. Argued Client is old and sick but […]
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