Chernowski v State – what do you do with a problem like Fulton County
Chernowski v. State, A14A2151, February 12, 2015. Dora Chernowski appealed her DUI conviction resulting from a 2004 single-car accident in Fulton County. She claimed that her Due Process rights were violated by a seven-year delay in the transmission of the trial court record to the Georgia Court of Appeals. She was tried and convicted by […]
Read MoreFulton County Courthouse floods and court documents damaged
WSB TV reported on July 28th, 2014 that a pipe in a 9th-floor bathroom burst on Friday night and flooded all weekend damaging courtrooms, offices, and numerous official court documents. The flooding affected the entire family law division, administrative offices, and the District Attorney’s office. In the meantime, employees have been moved to make-shift office spaces […]
Read MoreSanders v State – Intoxilyzer source code is not material to a DUI
Sanders v. State, A14A0142, June 18, 2014. Following a bench trial of a DUI under OCGA 40-6-391(a)(5), Meredith Sanders was found guilty of DUI. She appealed claiming that her Constitutional rights to due process and compulsory process were violated by the failure of Judge Diane Bessen of the Fulton County State Court to grant a […]
Read MoreEdison v State – offer by Police not to take to jail in exchange for a test is not a hope of benefit
Edison v. State, A14A0208, Court of Appeals of Georgia, May 29, 2014. Lise Edison was convicted after a Fulton County Bench Trial of DUI less safe drugs after a bench trial. Edison was observed on July 20, 2008, weaving on the freeway and almost hitting another car. Edison looked sleepy and had droopy eyes and […]
Read MoreJanasik v. State – old similars – ineffective assistance – continuance
Janasik v. State, A13A0253, Court of Appeals of Georgia, July 9, 2013. The Court of Appeals affirmed the Fulton County Trial Court’s denial of a motion for a new trial after a jury found Janasik guilty of DUI less safe, failure to maintain lane, and a seat belt violation. Janasik argued that the trial erred […]
Read MoreFULTON COUNTY STATE COURT: Failure to Maintain Lane – Refusal: Client Found Not Guilty of DUI and FTML
The client was pulled over for failure to maintain a lane on Old Alabama Road and Buice Road in Johns Creek in Fulton County. Officer reported that when he approached the window the client’s eyes were bloodshot and that he could smell the odor of alcohol emanating from his person. The client stated that he […]
Read MoreFULTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Client Diabetic: Found Not Guilty of DUI
The client was asleep at the wheel on Jonesboro Road near I-285 East with the car in drive in the City of Atlanta, Fulton County. When the police approached his vehicle, our client was reportedly disoriented, had glassy eyes, and smelled of alcohol. When prompted, the client said that he had had one beer around […]
Read More