Smith v State – DUI and the right to a Constitutional Speedy Trial examined
Smith v. State, A16A0519, Georgia Court of Appeals, July 13, 2016. Jason Smith appealed from his conviction of DUI per se as a result of a five-year delay from his arrest on May 5, 2007, to his bench trial on June 1, 2012. The Court of Appeals remanded the case to the trial court despite […]
Read MoreCulpepper v State Refresher – Defendant testimony at a motion hearing is not admissible at trial
Culpepper v. State, 132 Ga. App. 733, 209 S.E.2d 18 (1974) is an old but very important case in criminal law. It stands for the proposition that the testimony of a Defendant in a motion to suppress can not be used against him at trial over objection and its ground for automatic reversal. Culpepper came […]
Read MoreState 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 MoreState v Thompson-Constitutional Speedy Trial Lost Blood
State v. Thompson, A15A1626, Vacated and Remanded, Georgia Court of Appeals, November 18, 2015. Lauren Thompson brought a plea in bar concerning her DUI. The Trial Court granted the plea in the bar by finding that her Constitutional right to a speedy trial was violated as the blood sample was lost. The State appealed the […]
Read MoreMikell GA DDS v Hortenstine – Client pays for Attorney mistake for DUI license appeal
Mikell (Georgia Department of Driver Services v. Hortenstine, A15A1576, Rev, November 17, 2015. Robert Mikell, Commissioner of the Department of Driver Services (hereinafter “Department”) appealed from the Trial Court’s order reversing the Department’s decision to deny as untimely, Jayson Hortenstine’s request for an administrative license hearing under OCGA 40-5-67.1. The Court of Appeals held that […]
Read MoreHARTZLER v STATE – Hospital records are not testimonial under Crawford
Hartzler v State, A15A0321, Affirmed, June 30, 2015. The Georgia Court of Appeals affirmed the felony vehicular homicide conviction of Colon Hartzler. Hartzler appealed alleging sufficiency of the evidence, a violation of the Confrontation Clause in the admission of his hospital blood tests, and charging the jury that negligence of the victim was irrelevant for […]
Read MoreFrost v State – Special Mens Rea means you have to stipulate stipulate stipulate
Frost v. State, __ GA ___, S14G1767, Reversed, Supreme Court of Georgia, June 15, 2015. In Frost v. State, the Georgia Supreme Court reversed the Georgia Court of Appeals finding in Frost that under OCGA 24-4-417 prior DUIs offered to establish knowledge of the Defendant were admissible even if the prior DUI convictions involved refusals and not […]
Read MoreLos Angeles v Patel – How long can OSAH ignore the exclusionary Rule
Georgia DUI cases have two legal tracks in two separate judicial bodies. First, the DUI is filed, plead, and/or contested in criminal courts, such as Local Municipal Courts, Recorders Courts, Probate Courts, State Courts, and Superior Courts. Criminal courts determine criminal guilt and criminal sanctions including jail time, fines, and probation conditions. The second lesser-known […]
Read MoreBostic v State – Trial Court reversed on DUI Probable Cause Denial
Bostic v. State, A15A0600, Reversed, June 25th, 2015. Perry Bostic appealed from the Trial Court’s denial of his motion to suppress his state-administered alcohol breath test from the Laurens County Superior Court wherein the Trial Court found that Police had “probable cause” to arrest him for DUI. The Court of Appeals agreed with Bostic and […]
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