THE TYNDALL EFFECT: How Airbags Can Make Breath Tests Inaccurate
We’ve handled many cases in which one of our clients has had a couple of drinks and gets into an accident. Many times, if the police suspect that a driver has ingested any amount of alcohol, he or she will be arrested for DUI. For better or worse, the circumstances of a car accident make […]
Read MoreHow Much Probable Cause is “Enough” for an Initial Stop? A DUI Arrest? A Blood Warrant? According to Police, it Varies
In the second paragraph of this article in the Atlanta Journal-Constitution about DUI refusals prompting warrants for blood, there is a telling quote from a Douglas Chief Deputy: “If we have someone refuse, and if we have enough probable cause, we contact a State Court judge and request a search warrant for that person’s blood.” How […]
Read MoreWord of Advice: If Pulled Over and Suspected of DUI, Don’t Say “Ya Got Me!” (At Least Not Out Loud)
We have a page on our site devoted to educating people on what to do when they’re pulled over and suspected of DUI. After this incident, we may have to add a corresponding page, because knowing what to do is equally important as knowing what not to do. A couple of weeks ago a man […]
Read MoreNew Virginia Law Cracks Down on DUI First Offenders. Is Georgia Next?
6 weeks ago the Virginia State Legislator passed a bill requiring all convicted first-time DUI offenders to have an Ignition Interlock Device installed in their car. The device requires an eight-second breath test completely free of alcohol before the car will start. According to Governor Bob McDonnell, the bill was enacted in part because of […]
Read MoreHB 1176 – Criminal Record / Expungement Reform / Fee Increase
This is our first post in a series discussing the criminal justice reforms enacted in House Bill 1176 and SB 236 and how those reforms will affect DUI prosecution and defense in Georgia. First, HB 1176, deals with a criminal record, expungement, and court fines and costs. Before HB 1176, which will take effect July 1, […]
Read MoreArizona v. United States – Arizona Immigration Reform: What does the SCOTUS decision mean for Georgia DUI Arrests? Nothing after the first 72 hours.
In Arizona v. the United States, decided June 25, 2012, the United States Supreme Court held that Federal power preempts States’ rights regarding the enforcement of immigration laws. The U.S. Supreme Court decision struck down the provisions of the Arizona law that made it a state crime to hire illegal aliens and be in violation of […]
Read MorePadidham v. State – Georgia Supreme Court – S11G1808 – You can have your breath result when I say you can!
In Padidham v. State – S11G1808, Appellant Jyothiswar Padidham was arrested, charged, and convicted of DUI after being stopped for speeding. At the time of his arrest, Padidham was informed of his Implied Consent Rights and his right, should he submit to a State-administered breath test, to a certified independent test of his choosing to confirm the […]
Read MoreHite v. State – A11A2008: The Finer Points of the Hearsay Rule: when a affidavit is not testimonial and when law enforcement is regular business
On February 23, 2008, Gary Todd Hite was arrested at approximately 3:30 a.m for DUI at a Georgia State Patrol roadblock. Hite motioned to suppress evidence, claiming the roadblock was unconstitutional. The trial court denied Hite’s motion and the Court affirmed their decision. On appeal, Hite did not dispute testimony, and when appealing a denial […]
Read MoreGeorgia Bill Would Make Second DUI With a Child Under 14 in the Car a Felony
Senate Bill 13 aims to make a second DUI with a child under 14 in the car a felony. The bill was stalled in committee due to technical problems. The problem with a bill like this is how they define DUI with a child in the car. Is it a single transaction or occurrence or […]
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