Georgia DUI Cases of Note

  

Collins v State - Stipulated Bench Trials are for suckers

Monday, June 23, 2014

dont be a sucker in a Georgia DUICollins 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 trial was to allow the Defendant to appeal the Rockdale County State Court's denial of  Defendant's motions surrounding the Intoxilyzer 5000 source code including the certificate of materiality to obtain witnesses from CMI, Inc in Owensboro, Kentucky and Constitutional rights that were violated by the fallure to produce the Intoxilyzer 5000 computer source code. The appealed issues involved the DUI per se count which was based on the breath tests.  The Court initially found the Defendant guilty and sentenced on the DUI per se and merged the DUI less safe, so Defendant was only convicted on the DUI per se allowing an appeal of the breath test. The Trial Court came back later 20 days later and amended the sentence convicting on the DUI less safe and merging the DUI per se therefore leaving nothing to appeal. Because the DUI per se was merged appeal was dismissed as moot. You've been punked! Next time just have a jury trial and if the jury finds your client not guilty on the DUI less safe and guilty on the DUI per se then you have a good appeal or get the Trial Court's word that they will only sentence on the DUI per se if you can trust'em.

-Author: George Creal



Tags

 

Archive




No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occurring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2015 George C. Creal, Jr. P.C.
Protected by Copyscape Online Plagiarism Checker
George C. Creal Jr.
on Google+






Atlanta Office: 480 John Wesley Dobbs Ave., NE, Unit 190, Atlanta, GA 30312 Phone: (404) 333-0706