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DUI Sandy Springs DUI Lawyer Arrest Report: June 22-28, 2009

Wednesday, 01 July 2009

The following is an estimate of Metro Atlanta DUI arrests in selected Metro Atlanta Counties for one week based on publicly available records. The information is only as accurate as the public records from which it is obtained.

Jurisdiction	DUIs	DUIs last week	Population	Arrest Per Population	Police Ranks	Percent Change
Atlanta DUI Arrests	35	44	out of 486,411 (7/2006 U.S. Census Est.)	0.0000720	6	-20.45%
Gwinnett County DUI Arrests	90	74	out of 789499 (2008 U.S.Census Est.).	0.0001140	4	21.62%
DeKalb County DUI Arrests	25	44	out of 739956 (7/2006 U.S. Census Est.).	0.0000338	9	-43.18%
Fayette County DUI Arrests	21	11	out of 106465 (7/2006 U.S. Census Est.).	0.0001972	3	90.91%
Henry County DUI Arrests	44	41	out of 191502 (7/2006 U.S. Census Est.).	0.00022976	2	7.32%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)	19	19	out of 9862 (2000 U.S. Census Est.)	0.0019266	1	0.00%
Cobb County DUI Arrests	32	25	out of 698158 (2008 U.S. Census Est.)	0.0000458	7	28.00%
City of Roswell DUI Arrsets	10	8	out of 87802 (2003 U.S. Census Est).	0.0001139	5	25.00%
Clayton County DUI Arrests	10	55	out of 273718 (7/2006 U.S. Census Est.).	3.6534E-05	8	-81.82%

Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.

The Infamous "search incident to arrest" is dead: Arizona v. Gant

Tuesday, 30 June 2009

On October 7, 2008, THE SUPREME COURT OF THE UNITED STATES, decided ARIZONA v. GANT, No. 07–542, Justice Stevens held that the Police may search the passenger compartment of a vehicle incident to arrest only if the arrest is recent in time, it is reasonable to believe that the arrestee might access the vehicle at the time of the search or the vehicle contains evidence of the arrest. Gant was arrested for driving on a suspended license, handcuffed, and locked in a patrol car. Officers searched his car and found cocaine in a jacket pocket lying in the back seat. The Arizona State Supreme Court distinguished New York v. Belton, 453 U. S. 454 —which held that police may search the passenger compartment of a vehicle and any containers therein as a contemporaneous incident of a recent occupant’s lawful arrest—on the ground that it concerned the scope of a search incident to arrest but did not answer the question whether officers may conduct such a search once the scene has been secured. Chimel v. California, 395 U. S. 752 , requires that a search incident to arrest be justified by either the interest in officer safety or the interest in preserving evidence and the circumstances of Gant’s arrest implicated neither of those interests, the State Supreme Court found the search unreasonable. The Supreme Court held that Warrantless searches “are per se unreasonable,” “subject only to a few specifically established and well-delineated exceptions.” Katz v. United States, 389 U. S. 347 . The exception for a search incident to a lawful arrest applies only to “the area from within which [an arrestee] might gain possession of a weapon or destructible evidence.” Chimel, 395 U. S., at 763. This Court applied that exception to the automobile context in Belton, the holding of which rested in large part on the assumption that articles inside a vehicle’s passenger compartment are “generally … within ‘the area into which an arrestee might reach.’ ” 453 U. S., at 460. Pp. 5–8. The U.S. Supreme Court rejected a broad reading of Belton that would permit a vehicle search incident to a recent occupant’s arrest even if there were no possibility the arrestee could gain access to the vehicle at the time of the search. The safety and evidentiary justifications underlying Chimel’s exception authorize a vehicle search only when there is a reasonable possibility of such access. Although it does not follow from Chimel, circumstances unique to the automobile context also justify a search incident to a lawful arrest when it is “reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.” Thornton v. United States, 541 U. S. 615 (Scalia, J., concurring in judgment). Neither Chimel’s reaching-distancerule nor Thornton’s allowance for evidentiary searches authorized the search in this case where Gant was arrested for driving with a suspended license—an offense for which police could not reasonably expect to find evidence in Gant’s car. Cf. Knowles v. Iowa, 525 U. S. 113 . The search in this case was therefore unreasonable. Pp. 8–11. The U.S. Supreme Court is unpersuaded by the State’s argument that its expansive reading of Belton correctly balances law enforcement interests with an arrestee’s limited privacy interest in his vehicle. The State seriously undervalued the privacy interests at stake in an automobile, and it exaggerates both the clarity provided by a broad reading of Belton and its importance to law enforcement interests. A narrow reading of Belton and Thornton,together with this Court’s other Fourth Amendment decisions, e.g., Michigan v. Long, 463 U. S. 103 , and United States v. Ross, 456 U. S. 798 , permit an officer to search a vehicle when safety or evidentiary concerns demand. Pp. 11–14. The Supreme Court held that stare decisis does not require adherence to a broad reading of Belton. The experience of the 28 years since Belton has shown that the generalization underpinning the broad reading of that decision is unfounded, and blind adherence to its faulty assumption would authorize myriad unconstitutional searches. Pp. 15–18. Stevens, J., delivered the opinion of the Court, in which Scalia, Souter, Thomas, and Ginsburg, JJ., joined. Scalia, J., filed a concurring opinion. Breyer, J., filed a dissenting opinion. Alito, J., filed a dissenting opinion, in which Roberts, C. J., and Kennedy, J., joined, and in which Breyer, J., joined except as to Part II–E.

City of John's Creek DUI crack down on July 4th, 2009 Weekend

Tuesday, 30 June 2009

The City of John's Creek Police Department announced a John's Creek DUI shakedown for the July 4th, 2009 weekend. The John's Creek Police Department will impliment numerous DUI Roadblocks at random locations throughout the July 4th, 2009 weekend. The John's Creek Police Department has purchased a new mobile Intoxilyzer 5000 DUI breath testing Trailer so they can administer the state administered breath test on scene and arrest more suspected DUI drivers in John's Creek. Be Careful and do not drink and drive. It takes very little alcohol to register over the legal limit. DUI has nothing to do with being Drunk. Remember, it is generally in your interest not to blow if you would like to beat a DUI charge. If you blow over the legal limit the State does not have to prove you are drunk or impaired just that you are over the limit. You maybe able to walk on you hands and do a back handspring but you will still be legally DUI if you blow over the legal limit.

4th Athens DUI Roadblock this year nabs 48 DUI drivers and 25 pounds of marijuana

Tuesday, 30 June 2009
Athens-Clarke County Police, the Georgia State Patrol and University of Georgia Police held their fourth DUI Roadblock of the year on June 26-27, 2009 and arrested 48 alleged DUI drivers, 25 pounds of marijuana and a burglar. The Athens DUI Roadblocks were set up to coincide with AthFest weekend. The Georgia State Patrol promised more DUI Roadblocks in Athens for the Fourth of July Weekend.

Can a medical blood test taken during treatment in a hospital ER be used in a DUI prosecution? Yes

Friday, 26 June 2009

blood Can a hospital blood test by used against you after an accident in a DUI? Yes, read Daniel v. State, A09A0226, June 8th, 2009. In Daniel, a woman was driving herself, her child and another child to the store. She claims the tire blew out. Police noted the tires were in bad condition. She was injured and taken to the hospital. The other child in the car was killed from blunt trauma for apparently not wearing a selt belt. The suspected DUI driver admitted to drinking two beers. The tragedy was two fold in this case as not only was someone killed but now you have to refuse medical treatment not to incriminate yourself.

Upon arrival at the hospital, the alleged DUI driver had her blood taken for medical purposes. The medical blood test showed a .223 blood alcohol. Police arrived at the hospital and also obtained a State Administered Blood Test under Georgia's Implied Consent law. The state administered blood test performed at the state crime lab indicated a blood alcohol of .157 a difference of .066 from the medical blood test performed by the hospital lab. This rather large discrepancy was not mentioned by the court. It probably stems from the fact that medical blood alcohol is generally measured from blood serum only and not whole blood which is generally the method used at crime labs and is commonly referred to as "legal blood." Further, O.C.G.A. Sect. 40-1-1 defines, “Alcohol concentration” as "grams of alcohol per 100 milliliters of blood", not serum or plasma. In B.T. Hodgson and N.K. Shajani. Distribution of ethanol: plasma to whole blood ratios. Can. Soc. Forensic Sci. J. 18: 73–77 (1985), the study found that plasma and serum samples had significantly higher concentrations of ethanol than the same whole blood samples. Who says the error is harmless? The Georgia Court of Appeals allowed the medical blood test obtained from the DUI suspects medical records apparently by search warrant as a business records exception to the hearsay rule by the testimony of the medical records custodian from the hospital and the head of the hospital lab who testified that it is routine procedure to test everyone who comes in the ER for blood alcohol. The Officer who obtained the blood sample for the state administered test passed away before the case came to trial but the Court of Appeals found that the deceased officer's telephone conversation to the Officer who testified that he smelled alcohol on the driver was sufficient to support probable cause for DUI sufficient to warrant a blood test. So much for the right to confront witnesses. The Court did leave one door open on the medical blood test indicating that a challenged to the chain of custody of the hospital blood test was not made. DUI Defense is a very technical legal subject. It exists where medical science and the law intersect. That is why it is important to hire an experienced and qualified Georgia DUI Defense Lawyer.

DUI Atlanta DUI Lawyer Arrest Report: June 15-21, 2009

Tuesday, 23 June 2009

Jurisdiction	DUIs	DUIs last week	Population	Arrest Per Population	Police Ranks	Percent Change
Atlanta DUI Arrests	44	27	out of 486,411 (7/2006 U.S. Census Est.)	0.0000905	7	62.96%
Gwinnett County DUI Arrests	74	84	out of 789499 (2008 U.S.Census Est.).	0.0000937	5	-11.90%
DeKalb County DUI Arrests	44	35	out of 739956 (7/2006 U.S. Census Est.).	0.0000595	8	25.71%
Fayette County DUI Arrests	11	9	out of 106465 (7/2006 U.S. Census Est.).	0.0001033	4	22.22%
Henry County DUI Arrests	41	40	out of 191502 (7/2006 U.S. Census Est.).	0.00021410	2	2.50%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)	19	23	out of 9862 (2000 U.S. Census Est.)	0.0019266	1	-17.39%
Cobb County DUI Arrests	25	37	out of 698158 (2008 U.S. Census Est.)	0.0000358	9	-32.43%
City of Roswell DUI Arrsets	8	15	out of 87802 (2003 U.S. Census Est).	0.0000911	6	-46.67%
Clayton County DUI Arrests	55	28	out of 273718 (7/2006 U.S. Census Est.).	0.000200937	3	96.43%

Operration Zero Tolerance Kicks off with a DUI Roadblock on Fulton County Clayton County Line

Monday, 22 June 2009

sobrietycheckpointwithlights DUI season has begun. The Annual Operation Zero Tolerance (OZT) kicked off on Friday, August 19, 2009 with a DUI Roadblock near the Fulton and Clayton County line. OZT is a statewide initiative that includes a DUI task force from the Metro Atlanta Traffic Enforcement Network, composed of DUI enforcement units from DeKalb, Fulton, Cobb, Fayette, Clayton, Henry and Gwinnett Police Departments.

The OZT is scheduled to end midnight on July 5, 2009, and is a part of the larger initiative, 100 Days of Summer H.E.A.T., which runs through the end of the Labor Day travel period in September. Expect DUI Roadblocks and concentrated patrols in DeKalb, Fulton, Fayette, Clayton, Henry, and Gwinnett Counties.

Dougherty County Police and Albany Police Announce 4th of July Albany Dougherty County DUI Crackdown

Sunday, 21 June 2009

Dougherty County Police and the City of Albany are announcing a zero tolerance campaign being June 19th through the 4th of July. Beginning with a roadblock in Camilla, Mitchell County on June 19th and continuing throughout the area through the 4th of July, 2009. Expect DUI saturation patrols and DUI roadblocks throughout the Albany and surrounding areas. Zero Tolerance means more than drunk drivers will go to jail but merely drinking drivers. This means questionable arrests, so remember to hire a qualified DUI lawyer who concentrates in DUI law and not a general practitioner who has does not frequently trial DUI jury trials. Ask any potential attorney when the last time they tried a DUI jury trial.

DUI Atlanta Attorney DUI Arrest Report: June 8-14, 2009

Wednesday, 17 June 2009

Atlanta DUI Arrests	27	22	out of 486,411 (7/2006 U.S. Census Est.)	0.0000555	7	22.73%
Gwinnett County DUI Arrests	84	89	out of 789499 (2008 U.S.Census Est.).	0.0001064	4	-5.62%
DeKalb County DUI Arrests	35	46	out of 739956 (7/2006 U.S. Census Est.).	0.0000473	9	-23.91%
Fayette County DUI Arrests	9	24	out of 106465 (7/2006 U.S. Census Est.).	0.0000845	6	-62.50%
Henry County DUI Arrests	40	35	out of 191502 (7/2006 U.S. Census Est.).	0.00020888	2	14.29%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)	23	14	out of 9862 (2000 U.S. Census Est.)	0.0023322	1	64.29%
Cobb County DUI Arrests	37	36	out of 698158 (2008 U.S. Census Est.)	0.0000530	8	2.78%
City of Roswell DUI Arrsets	15	9	out of 87802 (2003 U.S. Census Est).	0.0001708	3	66.67%
Clayton County DUI Arrests	28	59	out of 273718 (7/2006 U.S. Census Est.).	0.000102295	5	-52.54%

DUI Atlanta Trial Lawyer DUI Arrest Report: June 1-7, 2009

Thursday, 11 June 2009

Jurisdiction	DUIs	DUIs last week	Population	Arrest Per Population	Police Ranks	Percent Change
Atlanta DUI Arrests	22	37	out of 486,411 (7/2006 U.S. Census Est.)	0.0000452	9	-40.54%
Gwinnett County DUI Arrests	89	68	out of 789499 (2008 U.S.Census Est.).	0.0001127	5	30.88%
DeKalb County DUI Arrests	46	25	out of 739956 (7/2006 U.S. Census Est.).	0.0000622	7	84.00%
Fayette County DUI Arrests	24	0	out of 106465 (7/2006 U.S. Census Est.).	0.0002254	2	#DIV/0!
Henry County DUI Arrests	35	40	out of 191502 (7/2006 U.S. Census Est.).	0.000182766	4	-12.50%
City of Doraville DUI Arrests(these include Sandy Springs, Johns Creek and Dunwoody DUI arrestees)	14	19	out of 9862 (2000 U.S. Census Est.)	0.00141959	1	-26.32%
Cobb County DUI Arrests	36	36	out of 698158 (2008 U.S. Census Est.)	0.000051564	8	0.00%
City of Roswell DUI Arrsets	9	7	out of 87802 (2003 U.S. Census Est).	0.0001025	6	28.57%
Clayton County DUI Arrests	59	44	out of 273718 (7/2006 U.S. Census Est.).	0.00021555	3	34.09%

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