Odor of Alcohol & Under 21 & Driving = Jail
What does it take for someone under 21 to be arrested for DUI? An odor of alcohol and an admission of drinking are enough regardless of impairment. In Dodds v. State, 288 Ga. App. 231 (2007), a 19-year-old male was stopped by police as a result of his tag frame partially covering his license plate […]
Read MoreGeorgia Super Speeder Law hits the books January 1st. 2010
On January 1st, 2010, O.C.G.A. Sec. 40-6-189, hits the law books commonly known as the Super Speeder law. The Super Speeder law provides that drivers who are convicted of driving 75 miles per hour or greater on a two-lane road or 85 mph or greater on any other road are classified as Super Speeders. Super […]
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 […]
Read MoreAre Atlanta and Georgia DUI police officers required to read Miranda Rights at a DUI traffic stop?
The answer is yes and no. Georgia DUI arrestees like all criminal suspects possess a right to remain silent and not incriminate themselves. These are most commonly known as Miranda rights but come from the Fifth Amendment rights of the United States Constitution, rights under the Georgia Constitution, or rights under O.C.G.A. 24-9-20. See O’Donnell […]
Read MoreUnder the limit, still under arrest: State v. Rowell if you blow under I’ll let you go is deceptive
Ever heard the DUI slogan broadcasts on the radio “Over the Limit, Under Arrest.” Does that mean if you blow under the legal limit you will not be arrested? The legal answer is no, but the public does not know that is not true. The public believes and the government’s advertisers keep saying “Over the […]
Read MoreU.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation
The U.S. Supreme Court has dealt a blow to the infamous paper witness. Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent […]
Read MoreWade v. State, A08A1647, DUI, Similar Transactions
Wade v. State, A08A1647, DUI, Similar Transactions, the Georgia Court of Appeals essentially admits that similar transaction evidence in DUI cases is bad law. Georgia is the only state in the union that allows similar transaction evidence to come in as evidence of “bent of mind” which is just another way of saying bad character […]
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