From the moment we are born we have micro-organisms including several types of yeasts and bacteria in our intestines which are helpful and others that are harmless.  When our immune system is weakened though stress or illness, these microorganisms and yeasts (Candida albicans) can grow out of control and can inhibit and interfere with digestion and create a build  up of toxins.  . 

Yeast produce waste just like humans. The primary waste product of yeast is acetaldehyde. Since Candida multiplies so rapidly, the build-up of acetaldehyde toxins can overwhelm your body. This acetaldehyde can be transformed into ethanol and converted by the liver into alcohol.  In addition the excess alcohol of a Candida outbreak can produce symptoms of being drunk, mentally confused, dizzy and disoriented as if one had overindulged in alcohol consumption. 

C. Orian Truss MD has found that the metabolic and toxic potential of Candida albicans includes the capacity to produce multiple toxins. Many yeast organisms can metabolize sugars to pyruvate and this in turn is anaerobically converted to acetaldehyde and carbon dioxide. Chronic CO2 production may account for the persistent bloating and gas noted clinically by many patients with chronic candidiasis. Some strains of Candida can reduce acetaldehyde to ethanol. This would be rapidly absorbed and contribute to a raised blood alcohol level.  This was printed in The Journal of Orthomolecular Medicine, Volume 13 # 2.

In a 29-page order, the three  judge panel stated that the Washington State Toxicology Lab created a "culture of compromise" with so many "ethical lapses, systemic inaccuracy, negligence and violations of scientific principles" that the DUI breath tests can not be used as reliable evidence in a court of law. A  "multiplicity of errors" were found such as how breath-test results are analyzed and DUI breath tests are verified at the lab

The three judge panel also criticized the software used to analyze data.  Georgia courts have not even allowed Georgia DUI attorney's access to such software despite a explicit "full information" provision in the Georgia DUI Statute.   At least 150  errors were identified in the lab.  Declarations were signed indicating that a solution had been tested before the testing took place; listing incorrect dates for testing; and entering incorrect data.

One can only hope that the legislative or executive branch will review the Division of Forensic Services of the Georgia Bureau of Investigation but right now the foxes have the key to the hen house since there is currently no legal mechanism to perform an audit in the judicial system.   

Law Students beware the Constitution has left the Building! DUI charges even if reduced to reckless driving (i.e., not guilty of DUI) will result in delayed admission to the Georgia Bar and the legal ability to practice law in the State of Georgia.  In the words of Willie Nelson, Mama's don't let your babies grow up to be lawyers, let'em be doctors, commercial real estate developers,  financial planners and such. 

Policy Statement of the Board to Determine Fitness of Bar Applicants
Regarding DUI and Other Alcohol-Related Offenses
(Adopted March 12, 2007)

     Any applicant who receives a Driving Under the Influence (DUI ) conviction or its equivalent in any jurisdiction is ineligible for fitness certification during the mandatory twelve-month sentence mandated by the Georgia DUI statute (Ga. Code Ann. §40-6-391), whether or not the sentence was probated.

     In the case of an applicant who was charged with DUI in Georgia (or its equivalent in any jurisdiction) but for whom the charge was reduced, resulting in a sentence for reckless driving, failure to maintain proper lane, and/or lesser offense(s), the Board is concerned about disregard for the law as well as possible patterns of problems related to abuse of alcohol and/or other substances and the impact of these problems on the applicant’s fitness to practice law. Therefore, any applicant who receives a conviction for an offense reduced from an original charge of DUI, regardless of the terms of probation, is ineligible for fitness certification for the period extending from the date of conviction to the completion of the sentence, including any probation, or for a period of six months from the conviction, whichever is longer. Following the expiration of the period during which the applicant is ineligible for certification, the applicant may be eligible to take the succeeding examination or for the release of grades from a previous examination. Such eligibility will be decided by the Board on a case-by-case basis following its standard policies.

     It should be understood that this is a procedural bar only. Following the expiration of the period during which the applicant is ineligible for certification, the Board will review the applicant’s file on the merits for a determination of whether to certify the applicant for fitness. The Board may have substantive concerns about the applicant’s conduct that may lead the Board to make further investigation, to require that the applicant be evaluated for drug or alcohol dependency, and/or to require that the applicant appear before the Board for an informal conference, prior to the Board’s acting upon certification of the applicant.

Your Georgia DUI or Atlanta DUI is finally over.  You won or lost.  The Judge entered some disposition on the record.  What does it mean?  Guilty, Not Guilty.  Those are the easy ones that mean you lost or you won.  What is a Nolle Pros, a Dead Docket, Nolo Contendre, or First Offender?   A "Nolle Pros" or nolle prosequi is just latin for "no prosecution."  This is basically a dismissal with leave to refile an accusation or an indictment on the criminal charge at any time within the statute of limitations which is two years for misdemeanors or DUI cases.   A Dead Docket is a legal fiction where a case is basically dismissed and put on a case docket that is dead or is never called for trial.  It is neither a conviction nor an acquittal.  

  Georgia Courts have described it as follows: "Dead-docketing has been characterized as a
case is still pending which can be called for trial at the judge'sprocedural device by which "the prosecution is postponed indefinitely but may be reinstated any time at the pleasure of the court." [Cit.]"Placing a case upon the dead docket certainly constitutes neither a dismissal nor a termination of the prosecution in the accused's favor. A pleasure, or upon which the accused can make a demand for trial."   State v. Creel, 216 Ga. App. 394, 395 (454 S.E.2d 804) (1995). See also Freeman v. State, 264 Ga. 27 (440 S.E.2d 181) (1994) (where a murder charge wasplaced on the dead docket in return for a statement and testimonyagainst another defendant); and State v. Marcus, 206 Ga. App. 385 (425S.E.2d 351) (1992) (where a case was removed from the dead docket andreturned to active status)."

Georgia Courts have also held that a Dead Docket over objection by the Defendant or accused is prohibited. The United States Supreme Court has declared entry of the nolle prosequi "with leave" over defendant's objection to be unconstitutional ( Klopfer v. North Carolina, 386 U.S.213 (87 SC 988, 18 LE2d 1)). Georgia Courts have followed this decision and found that a trial court here abused its discretion when it placed the case on the dead docket over defendant's objection.  Beam v. State, 265 Ga. 853, 855 (1995).

"Nolo" or nolo contendre is just latin for no prosecution.  It means that you are neither pleading guilty nor innocent but merely not contesting the charge and accepting the punishment.  It is the same as a guilty plea except it can not be used against you as an admission in a subsequent civil suit.  Prior to 1997, a "nolo" would prevent a license suspension but the legislature rewrote the statute to make a "nolo" a conviction for driver's license suspension purposes.  

First Offender is a resolution allowed by law  wherein a Defendant pleads guilty but the charge is held in abeyance and if probation is sucessfully completed the charge is dismissed at the end of probation.  It is not a conviction.  However, if you violate probation the Court can bring you back and sentence you to the maximum sentence allowed by law as if you had never completed any portion of the probation period.   This is known as the bad side to first offender probation. 

In the City Court of Atlanta, there was an changing of Judges regarding DUI cases.  Before January 1st, 2008, all DUI cases were to be heard before Judge Sloan in Courtroom 5C.  The torch has been passed to Judge Green as of January 1, 2008.  Now all DUIs are heard in Room 6A.  Judge Green as opposed to Judge Sloan begins promptly at 8:00 A.M.  Additionally, Judge Green does not call the calendar but immediately sends cases to pretrial which should produce increased efficiencies The Municipal Court of Atlanta handles all DUI cases with Atlanta Police Officers and Georgia State Patrol Troopers who make arrest within the City limits of Atlanta.

Kansas Law enforcement officers ready for Intoxilyzer upgrades

The new Intoxilyzer 8000 machine.

The Leavenworth Times reported that Kansas police agencies will be switching from the problem ridden Intox 5000 to the Intox 8000.  Lt. Greg Ruff, Leavenworth Police Department, said the Intoxilyzer 5000 has been around about 20 years. He listed several improvements including the new model is much smaller; the Intoxilyzer 8000’s dry gas test standard, which is used to check calibration, will last for 250 tests before having to be replaced (Georgia uses ambient air?); the dry gas standard for the Intox 5000 model could be used only for 14 tests; while the old machine has to be sent in anytime it malfunctions, the Intox 8000 can be connected to the Internet and diagnostics can be performed remotely; If the Intox 8000 has a computer programming error, it can be corrected over the Internet; the Intox 8000 will have card readers to read bar codes of modern drivers licenses; the programming for the new machines have higher security levels to prevent people from manipulating data (How long have they known test results could be manipulated?); t he new machines use multiple tones so officers can identify specific problems by the tone; for the Intoxilyzer 5000, officers have been required to re-certify themselves on the machine every six monthsm but for the Intoxilyzer 8000, officers will have to re-certify every two years (Georgia only requires recertification every four years-no wonder Georgia is 48th in education of 50 states).  Which begs the question, how many shortcuts can one state take before it comprimises testing and incarcerates the innocent.