Jones v State-Prior DUI comes into evidence to prove knowledge of voluntary driving when DUI
State v. Jones, S14G1061, June 1, 2015. The Georgia Supreme Court addressed the issue of whether under Rule 404(b) of Georgia’s New Evidence Code modeled after the Federal Rules of Evidence, a prior DUI conviction for DUI or “Other Acts Evidence” (Use of the term “Similar Transaction” is now officially discouraged) was admissible in a […]
Read MoreCollins v State – Stipulated Bench Trials are for suckers
Collins v. State, A14A0304, Court of Appeals of Georgia, June 17, 2014. Camela Noelle Collins was found guilty of DUI Less Safe, DUI Per Se (having a blood or breath level over 0.08 grams within three hours of driving), and failure to maintain lane after a stipulated bench trial. The point of the stipulated bench […]
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 MoreSullivan v. State – it does not take much evidence to uphold a DUI jury verdict
Sullivan v. State, A13A2037, March 21, 2014. Michael Sullivan was arrested for DUI less safe in Atlanta, Fulton County Georgia, after being observed by Trooper Osby, of the Georgia State Patrol Nighthawk unit, spinning out at an intersection going the opposite direction. Trooper Osby made a u-turn and pulled him over for doing 50 to 55 in a […]
Read MoreTaylor v State – when failure to cooperate with police is less safe DUI
Taylor v. State, A13A1899, March 6. 2014. Jeffrey Taylor was arrested for DUI less safe and obstruction at a Douglasville, Douglas County Roadblock. The evidence showed that Mr. Taylor approached a roadblock. He was nervous, visibly shaking, breathing heavily, had glassy eyes but not red, had an odor of alcohol and his heart was beating […]
Read MorePough v State – plowing new ground in Georgia DUI less safe by dicta
Pough v. State, A13A2269, January 15, 2014. Clifford Pough was standing outside of his gold Jeep on the shoulder of I-85 in Gwinnett County when police pulled up to check the vehicle. No one was inside the Jeep and the vehicle was running but its lights were off. Pough allegedly told police that he was on […]
Read MorePlemmons v. State – Making Plemonade out of Plemons
Plemmons v. State, A13A2452, February 18, 2014. Glenn Plemmons was convicted by a jury in Forsyth County, Cumming, Georgia of DUI less safe and driving on the wrong side of the road. Plemmons appealed after the trial court found that he had suffered a serious injury which negated the need for an arrest and reading […]
Read MoreHINTON V. STATE (2013) Direct Evidence and the Reasonable Hypothesis Defense
HINTON v. STATE – (2013) – Georgia Court of Appeals Around 11:50 p.m. an Atlanta Police Officer who had served on the APD DUI task force for over seven years, and had made 600 DUI arrests, observed a car traveling toward him that appeared to be speeding. With a laser-speed detection device, the officer determined that […]
Read MoreMILLER V. STATE – A121A000 – Good Cop or Bad Cop, You’re Probably Going to Jail: Keeping Cool in the Hot Seat
At around 3:00 a.m. on May 1, 2010, Scott C. Miller was pulled over for speeding. He was clocked at going 64 m.p.h in a 45 m.p.h zone. When the officer approached the vehicle he noticed a distinct odor of alcohol. The officer asked if Miller had been drinking. Miller responded that he hadn’t had […]
Read More