The Unintended Consequences of Lowering the DUI Legal Limit: A Closer Look
In the late 1990s, a significant shift occurred in the fight against drunk driving across the United States. States began to lower the legal blood alcohol concentration (BAC) limit for a per se DUI from 0.10% to 0.08%. This change, championed by many as a necessary step towards safer roads, was expected to lead to […]
Read MoreNavigating Georgia Marijuana DUI Arrests: Insights from George Creal
In light of the recent Wall Street Journal article published on February 5, 2024, titled “Marijuana Messes With Your Driving for Longer Than You Think: Weed affects you differently than alcohol, and it can be harder to figure out when it’s safe to drive,” the complexities surrounding marijuana use and driving have become a hot topic […]
Read MoreDui Refusal Has to Be More Probative Than Prejudicial
The case of “Randall v. State, S23A1118” decided on January 17, 2024, by the Supreme Court of Georgia, revolves around the suppression of evidence related to Antonio Rodrick Randall’s refusal to submit to a blood test following his DUI arrest. In an earlier decision, “State v. Randall, 315 Ga. 198, 880 S.E.2d 134 (2022)” (referred […]
Read More10 Critical areas to challenge when fighting a Georgia DUI blood test
In Georgia, as in many other jurisdictions, DUI blood samples are typically tested for alcohol content using published processes by the Georgia Bureau of investigation. The procedure generally involves several key steps: Collection and Preservation of the Sample: The blood sample is not always collected in a controlled and sterile environment like a hospital and […]
Read MoreCan police obtain my medical records if I am taken to the hospital after an accident?
In a Georgia DUI investigation as in many other jurisdictions, the ability of police to obtain medical records following an accident can depend on several factors, including the nature of the accident, whether a crime is suspected (such as driving under the influence -DUI), and the specific circumstances of the patient’s medical treatment. There are […]
Read MoreThe Georgia Code addresses the Nolle Pros
In Georgia law, “nolle prosequi,” often abbreviated as “nolle pros,” is a legal term that refers to the decision by a prosecutor to voluntarily discontinue prosecution of a case. This decision can be made at any point during the criminal proceedings, up until a verdict is reached. When a nolle prosequi is declared, it effectively […]
Read MoreCourt of Appeals of Georgia, First Division
The case is about a woman named Misty Michelle Garrison who was arrested for DUI by the Georgia State Patrol after crashing her car into a utility pole near Blairsville in Union County in Northern Georgia. The State filed an accusation charging Garrison with DUI less safe, failure to maintain lane, and violation of tire […]
Read MoreNew Case Review: Blazek v. The State, A23A0949. Court of Appeals of Georgia, First Division.
Decided: August 7, 2023: Brian Blazek was arrested for DUI after he was contacted by Gwinnett County Police to investigate a called-in complaint that Blazek had possibly been operating an 18-wheel tractor-trailer while intoxicated. Blazek was contacted by police while standing outside and next to his Tractor. Blazek consented to field sobriety tests and portable […]
Read MoreNew Study Casts Doubt on Reliability of DUI Field Sobriety Tests for Marijuana (THC) and by inference Alcohol
A new double-blind, placebo-controlled randomized clinical trial with 182 participants published in the journal JAMA Psychiatry has found that field sobriety tests (FSTs) may not be accurate in identifying drivers who are under the influence of THC. The study, which was conducted by researchers at the University of California, San Diego, found that 49% of […]
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