Archive for the 'Cases of Note' Category

DUI Roadblock, the exception has swallowed the rule, new case: Bennett v. State, Georgia Court of Appeals, A06A1903, February 15, 2007

0 Comments Published March 4th, 2007 in Cases of Note

On July 24, 2005, Lieutenant Mike Matics of the City of Decatur (Georgia) Police Department decided to implement a roadblock.  The roadblock was part of the “Hundred Days of Summer Heat” statewide anti-dui campaign.  The Lieutenant had participated in Atlanta-Metropolitan wide meetings on the campaign and was familiar with the policy behind the campaign.  At […]

Wright v. State, A06A2377, Georgia Court of Appeals, Roadblock Constitutional if Sergant is a supervisor of all troopers at a post a uses a roadblock form

0 Comments Published February 16th, 2007 in Cases of Note

In Wright v. State, the Georgia Court of Appeals held that a roadblock was constitutional if it was initiated by a Sergeant supervising all Troopers at a particular Post and he used a Roadblock Approval Form. The Sergeant testified that under an unintroduced Georgia State Patrol Policy he has the authority to authorize roadblocks. In […]

In Georgia Police must reasonably accommodate a request for additional tests

0 Comments Published February 16th, 2007 in DUI, Cases of Note

In Georgia under the implied consent law, citizens are required to give samples of their blood breath or urine in order to determine if they are under the influence of alcohol or drugs. However, citizens are entitled to additional tests of their blood, breath, urine or other bodily substance from qualified personnel of their own […]

Dr. Feelgood or Dr. DUI?

0 Comments Published November 11th, 2006 in Uncategorized, DUI, In the News, Cases of Note

DUI a prescription for jail time

— By Debby Schamber
The Orange Leader
Driving under the influence of prescription medications has become a more common occurrence in Orange.
“There has been an increase of DUI versus DWI because of an increase of people being on prescription medication,” said Sgt. L.L. Claybar of the Orange Police Department.
According to reports, shortly […]

DUI Juror strikes back in Fayette County: State didn’t meet burden

0 Comments Published October 11th, 2006 in DUI, Cases of Note

I was a juror in the DUI case held in state court last week. I am also the mother of four and very against drinking and driving. I know that this is murder on our streets and my children have been told time and again that they would be in the worst kind of trouble […]

Are we becoming a police state in the name of prosecuting DUI cases: acknowinging the pink elephant in the living room

0 Comments Published August 25th, 2006 in Uncategorized, Cases of Note

Court overturns ruling in DUI case

Thursday, August 24, 2006
BY PETE SHELLEM
Of The Patriot-News
It was a case that prompted the president judge of Commonwealth Court to upbraid some judges for ignoring the constitution in the name of stopping drunk driving.
At issue: If a police officer outside his jurisdiction stops a vehicle and the driver refuses to […]