Blog - OTC and DUI
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Friday, 26 June 2009 |
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DUI arrests in Gwinnett County are taken to the Gwinnett County Jail. All DUI arrests by Gwinnett County Police are generally sent to the Gwinnett County Recorder's Court for trial. Gwinnett County Recorders Court can only handle non-jury cases. Typically, only DUI pleas are handled in Recorder's Court, although some DUI cases can be reduced to non-DUI traffic violations like reckless driving in Recorder's Court. If a jury trial is requested or motion to exclude evidence or to dismiss the case is filed, then these matters are typically handled in the State Court of Gwinnett County. For multiple DUI offenders facing harsh jail sentences, the Gwinnett DUI Court is an option. The Gwinnett DUI Court is a time consuming and strenuous program. It is not for everyone. The Gwinnett DUI Court program focuses on rehabilititation rather than jail time.
The Gwinnett County DUI Court was created in 2005 under a pilot program offered by the State and in cooperation Gwinnett County State Court Bench, the Gwinnett County Solicitor's Office, the Defense Bar, Treatment Providers and probation.
The Gwinnett County DUI Court program is a minimum of twelve (12) months and a maximum of twenty-four (24) months and consists of 3 phases: Phase I - Active treatment and early recovery, Phase II - Relapse prevention, and Phase III - Continuance of Care. The Gwinnett County DUI Court program includes both vocational and educational components in conjunction with substance abuse treatment monitored by the Gwinnett DUI Court judge. If you would like to participate in the Gwinnett DUI Court Program: First, Speak with your attorney; Second, Read the DUI Court Participant Handbook, the DUI Court Contract and discuss any questions you might have with your attorney; Third, If you are interested in voluntarily entering DUI Court, complete the Participant Application Form, and the Defendant Waiver form; Fourth, Deliver the documents to the DUI Court Office: by mail - Gwinnett County Courthouse, 75 Langley Dr., Attn: Court Administration, Lawrenceville, GA 30045; by Fax - (770) 822-8559. (A fax must be followed by delivery of the original documents.); in person - All documents may be hand delivered to the control desk on the 2nd floor of the Gwinnett Courthouse.
Once you Gwinnett DUI Court application is received: An appointment will be set for you to be assessed by the Gwinnett DUI Court Staff; The Gwinnett Solicitors Office will review your case and your criminal history; The Gwinnett DUI Court Team will review all of this information and make a group decision concerning your acceptance into Gwinnett DUI Court; If accepted, your DUI attorney should contact the Gwinnett Solicitor's Office for a plea recommendation of punishment and a DUI plea date (DUI Court still means punishment as DUI laws carry minimum mandatory jail time, community service and probation -just less of it); Once you enter your plea your treatment will begin right away.
| RECORDER’S COURT - TRAFFIC CITATION OR ORDINANCE VIOLATION -PLEAS, MOTIONS AND NON JURY TRIALS |
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| MAIN LINE |
770-619-6140
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| STATE COURT - MISDEMEANOR CASES - PLEAS, MOTIONS, NON JURY TRIALS AND JURY TRIALS |
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| DIVISION 1 - JUDGE ROBERT MOCK STATE COURT JUDGE |
770-822-8301
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| DIVISION 2 - JUDGE RANDY RICH STATE COURT JUDGE |
770-822-8302
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| DIVISION 3 - JUDGE CARLA BROWN STATE COURT JUDGE |
770-822-8303
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| DIVISION 4 - JUDGE JOSEPH IANNAZONE STATE COURT JUDGE |
770-822-8304
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| DIVISION 5 - JUDGE PAMELA SOUTH STATE COURT JUDGE |
770-822-8305
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| DIVISION 6 - JUDGE JOHN DORAN STATE COURT JUDGE |
770-822-8306
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| INTAKE INVESTIGATION - UNACCUSED STATE COURT CASES |
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| EXTERNAL STAFF - COMMUNITY PROGRAMS |
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| Hands Are Not For Hitting |
Phyllis |
| Turning Point |
Michelle Deutch |
678-488-6679
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| It Won’t Happen to Me |
Bill Richardson |
770-822-8321
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| JAIL UNIT - DEFENDANTS IN CUSTODY |
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ADMINISTRATIVE DRIVER'S LICENSE HEARINGS
Presiding Judge David Langston
Hearings are held every first Wednesday of the month at 5:30 P.M.
Gwinnett Courthouse Annex
115 Stone Mountain Street
Court Room 2B
Lawrenceville, GA 30045
Judge Langston
Gwinnett County
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Tuesday, 12 May 2009 |
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DUI arrests in the City of Atlanta are sent to the City of Atlanta Municipal Court. The City of Atlanta Municipal Court is a court of limited jurisdiction and can not handle jury trials. Requests for jury trials must be sent to either the Fulton County State Court or DeKalb County State Court. The City of Atlanta Municipal Court has a special DUI court division. All DUI arrests are processed through the DUI Division which is held in Courtroom 3A of the City of Atlanta Municipal Courthouse located at 150 Garnett Street, Atlanta, GA 30303. The Court phone number is (404) 658-6940. The Court email is
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. The Judges in the City of Atlanta Municipal Court, generally, are Chief Judge Hon. Deborah S. Greene, (404) 954-8122, Hon. Howard R. Johnson, (404) 588-4707, Hon. Clinton E. Deveaux, (404) 588-5909, Hon. Andrew A. Mickle, (404) 588-4709, Hon. Barbara A. Harris, (404) 588-4702, Hon. Catherine E. Malicki, (404) 588-4710, Hon. Elaine L. Carlisle, (404) 954-6794, Hon. Herman L. Sloan, (404) 588-4708, Hon. Calvin S. Graves, (404) 658-7049, Hon. Gary E. Jackson, (404) 658-6966, and Hon. Crystal S. Gaines, (404) 954-6763. However, generally speaking, the City of Atlanta Municipal Court assigns one Judge to handle all the DUI Cases. In the City of Atlanta DUI arrests are generally made by the City of Atlanta DUI Task Force or the Nighthawks Unit of the Georgia State Patrol. Court is held Monday throught Thursday beginning at 8 A.M. DUI Trials are generally held on the 4th week of the month.
The Municipal Court of Atlanta DUI Court staff are:
Judge - Calvin S. Graves
Prosecutors: Last Name A-L: Shelly Wojohn
Last Name M-Z: Warren Atkinson
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Monday, 11 May 2009 |
If you are arrested for a DUI in Jonesboro, Georgia, you case will be set down in the City of Jonesboro Municipal Court. The Jonesboro Municipal Court is located upstairs within the same building as the Jonesboro Police Department at 170 South Main Street. Court is held every Thursday at 1:00 pm. Arraignments and Trials are held at alternating schedules every two weeks. The Court schedule can be viewed by contacting the Court Clerk. If you have any questions please call and ask to speak with the Court Clerk at (770) 478-7407. You may also email by clicking here.
Court fines and fees may be paid by credit or debit card on the website www.ticketfastpay.com. If you choose to pay your citation by mail or in person, you must pay by cash, money orders or cashier checks.
The City of Jonesboro Probation Department is located downstairs within the same building as the Jonesboro Police Department. Probationers are allowed to report on Tuesdays from 8:00 to 4:00 pm and Wednesdays 8:00 am to 12:00 pm. These times are subject to change. Always follow the instructions of your Probation Officer regarding when you should report. For more information or questions, please call and ask to speak with the Probation Department at (770) 478-7407. You may also email the Probation Officer by clicking here.
The Court Staff is:
Judge- Steve Lister
Prosecutor - Jerry Patrick
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Sunday, 10 May 2009 |
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McDonough DUI arrests are summoned to Court in McDonough Municipal Court. McDonough Municipal Court has jurisdiction over traffic cases, DUI arrest and misdemeanor marijuana arrest. Felonies, non-traffic and non-marijuana misdemeanors have to be handled in Henry County State or Superior Court. There are a number of popular bars and restaurants in McDonough including Pilgreen's Steakhouse (www.the-t-boneking.com), Irish Bred Pub McDonough (www.irishbredpubmcdonough.com), Sands Island Bar & Grill, Bay 218 Bar & Grill, Knuckle Heads Saloon, Spurs Dancehall, Olympia Pizza (www.olympiapizzalg.com), Benchwarmers (www.benchwarmersgrill.com) and Southside Steve's formerly DD's Bar and Saloon. The McDonough Police Department and Henry County Police Department aggressively patrol McDonough for DUI Offenders.
The Court address is;
369 Macon Street
McDonough, GA 30253
The McDonough Municipal Court phone number is 770-954-2872 and 770-898-9575.
The Municipal Court Staff:
Judge - Gregory Futch
Solicitor or City Prosecutor - Pam Bettis
Court Clerk -Iris Sullivan
Court Hours are Monday-Friday 8:00 am to 5:00 pm. The Court accepts cash, money orders, debit cards, Visa, Mastercard and Discover Card for the payment of court fines and fees. Personal checks are not accepted. DUI offenders may pay fines and fees over probation.
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Thursday, 07 May 2009 |
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We frequently represent clients arrested for DUI in Stockbridge Municipal Court. We have successfully bench tried Stockbridge DUI cases in the municipal court to NOT GUILTY verdicts before the Judge without a jury in Stockbridge Municipal Court. There are a number of restaurants and bars located in Stockbridge so the Stockbridge Municipal Court handles a large volume of DUI cases from these Stockbridge Business. . If you are arrested for DUI in Stockbridge, your maybe arrested by either the Henry County Police Department or the Henry County Sheriff's Department which patrol Stockbridge for DUI offenders. The City of Stockbridge does not have its own police department which was disbanded by Governor Lester Maddox. Initially, it was policed by the Georgia State Patrol. Later, the City of Stockbridge contracted with the Henry County Police Department. DUI Arrests made in Stockbridge can be filed in the Henry County State Court or the Municipal Court of Stockbridge. There are no DUI jury trials in the Municipal Court of Stockbridge. All requests for Stockbridge DUI jury trials have to be bound over to the Henry County State Court. The telephone number to the Municipal Court of Stockbridge is (770) 389-7906.
The Court personnel are:
1) Judge – W. Donald Patten, Jr
2) Solicitor (the prosecutor) – Suzanne Whitaker
3) Court Clerk – Billie J. Newton
4) DUI Court Investigator - Brian Dunn
Probation is handled by ZSI Probation Service which may be reached at (770) 504-0340.
PAYMENT OF FINES The court accepts cash, money orders, Visa, MasterCard or AMEX credit cards and debit cards with the Visa or MasterCard logo and payment online at www.ticketfastpay.com. DUI cases can not be paid in advance and generally representation by a qualified DUI attorney is strongly recommended. DUI fines can be paid on probation. Personal Checks are not accepted. Money orders may be made out to City of Stockbridge and mailed to be received prior to the court date, to:
Stockbridge Municipal Court
4545 North Henry Blvd
Stockbridge, GA 30281-3653
Copies of accident or incident reports may be obtained from the Henry County Police Department 770-954-2900.
The Judge and Solicitor are only here during court sessions. They do not have an office here and are not available to discuss your case prior to your courtdate.
2009 STOCKBRIDGE COURT ARRAIGNMENT CALENDAR
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Tuesday |
Thursday |
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Tuesday |
Thursday |
| January |
13 |
15 |
July |
14 |
16 |
| February |
10 |
12 |
August |
11 |
13 |
| March |
10 |
12 |
September |
8
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10 |
| April |
7
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9
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October |
13 |
15 |
| May |
5
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7
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November |
5
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10
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| June |
9
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11
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December |
1
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3
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Friday, 27 March 2009 |
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Many individuals accused of crimes or DUI offenses in Metro Atlanta or Georgia are arrested at home or in their yard. They commonly ask questions about Georgia law including can the police arrest me at home without a warrant? The short answer is it depends. Unless Georgia police are in hot pursuit or there are other exigent circumstances, the police generally are required to go to a magistrate and get a warrant either to search your house or property or for your arrest. In terms of what the police can do in your yard, the curtilage, yard, or the land immediately surrounding and associated with a home, warrants the Fourth Amendment protections that attach to the home. The United States Supreme Court has recognized that the Fourth Amendment protects the curtilage of a house and that the extent of the curtilage is determined by factors that bear upon whether an individual reasonably may expect that the area in question should be treated as the home itself. The Court identified the central component of this inquiry as whether the area harbors the intimate activity associated with the sanctity of a man's home and the privacies of life. Curtilage questions should be resolved with particular reference to four factors: the proximity of the area claimed to be curtilage to the home, whether the area is included within an enclosure surrounding the home, the nature of the uses to which the area is put, and the steps taken by the resident to protect the area from observation by people passing by. The Supreme Court of Georgia has defined curtilage as "the yards and grounds of a particular address, its gardens, barns, and buildings." Landers v. State, 250 Ga. 808, 809 (301 SE2d 633) (1983). The issue must be determined on a case by case basis.
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Thursday, 26 March 2009 |
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Did you know that a conviction for illegal drug or marijuana use or possession can result in the loss of state and federal student aid, financial aid including the Georgia HOPE scholarship for College. Further, a criminal conviction can cause you to be thrown out of some state colleges and universities. Before you plead guilty to any drug or marijuana offense or DUI consult an attorney to make sure that your College career or funding is not at stake.
Complete this worksheet to determine if you are eligible for federal student aid. These are the possible eligibility results:
Complete this worksheet to determine if you are eligible for federal student aid. These are the possible eligibility results:
1) Have you ever received federal student aid? Answer "No" if you have never received federal student grants, federal student loans or federal work-study. You should also answer "No" if you have never attended college. If No, your eligibility for federal student financial aid will not be affected. If Yes, go to question 2.
1) Have you ever received federal student aid? Answer "No" if you have never received federal student grants, federal student loans or federal work-study. You should also answer "No" if you have never attended college. If No, your eligibility for federal student financial aid will not be affected. If Yes, go to question 2.
2) Have you been convicted for possessing or selling illegal drugs? Only include federal and state convictions. Do not count any convictions that have been removed from your record or occurred before you turned age 18, unless you were tried as an adult.
Only include federal and state convictions. Do not count any convictions that have been removed from your record or occurred before you turned age 18, unless you were tried as an adult.
If No, your eligibility for federal student financial aid will not be affected. If Yes, go to question 3.
3) Did the offense for possessing or selling illegal drugs occur during a period of enrollment for which you
were receiving federal student aid (grants, loans and/or work-study)? If No, your eligibility for federal student financial aid will not be affected. If Yes, go to question 4.
4) Have you completed an acceptable drug rehabilitation program since your conviction?
An acceptable drug rehabilitation program must include at least two unannounced drug tests, and: Be qualified to receive funds from a federal, state or local government or from a federally or state-licensed insurance company; or Be administered or recognized by a federal, state or local government agency or court, or a federally or state-licensed hospital, health clinic or medical doctor.
If Yes, your are eligible for federal student financial aid. If No, go to question 5.
If No, go to question 5.
5) Do you have more than two convictions for possessing illegal drugs? Only count convictions for offenses that occurred during a period of enrollment for which you were receiving federal student aid (grants, loans and/or work-study).
If Yes, you are not eligible for federal student financial aid. If No, go to question 6.If No, go to question 6.
6) Do you have more than one conviction for selling illegal drugs? Only count convictions for offenses that occurred during a period of enrollment for which you were receiving federal student aid (grants, loans and/or work-study).
If Yes, you are not eligible for federal student financial aid. If No, go to question 7.
If No, go to question 7.
7) If you have only one conviction for possessing drugs, you are not eligible for federal student financial aid until one year expires from your conviction. If you have two convictions for possessing drugs, you are not eligible for federal student financial aid until two years expires from your last conviction. If you have only one conviction for selling drugs, you are not eligible for federal student financial aid until two years expires from the date of your conviction.
f you have two convictions for possessing drugs, you are not eligible for federal student financial aid until two years expires from your last conviction. If you have only one conviction for selling drugs, you are not eligible for federal student financial aid until two years expires from the date of your conviction.
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Thursday, 16 October 2008 |
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Putting the current financial crisis in perspective
If you had purchased $1,000 of shares in Delta Airlines one year ago, you will have $49.00 today.
If you had purchased $1,000 of shares in AIG one year ago, you will have $33.00 today.
If you had purchased $1,000 of shares in Lehman Brothers one year ago, you will have $0.00 today.
But, if you had purchased $1,000 worth of beer one year ago, drank all the beer, then turned in the aluminum cans for recycling refund, you will have received $214.00.
Based on the above, the best current investment plan is to drink heavily & recycle. It is called the 401-Keg.
A recent study found that the average American walks about 900 miles a year. Another study found that Americans drink, on average, 22 gallons of alcohol a year. That means that, on average, Americans get about 41 miles to the gallon!
Makes you proud to be an American! |
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Wednesday, 27 August 2008 |
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Ever read a police report that says Romber eyelid/body tremors, lack of convergence in both eyes, diliated pupils, or oral cavity green film. These are observations made from Drug Recognition Expert training.
A Drug Recognition Expert (DRE) is a police officer who indicates they can recognize whether someone is on drugs, what kind of drugs they are on, and whether their ability to drive has been impaired. The theory of the DRE is that they claim to be able to determine whether someone is under the influence of drugs through a visual evaluation. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 19.
DREs frequently administer their tests when someone is detained to determine if they are impaired by alcohol or drugs to the extent they are rendered less safe to drive under Georgia law, but passes a breath test or other field sobriety tests designed to determine alcohol impairment. The DRE's testimony may provide better evidence for an Atlanta DUI or Georgia prosecution than Georgia Bureau of Investigation toxicology reports. Blood tests may not measure the quantity of drugs taken and, even if they do, may not show a level high enough to prove impairment. Urine tests do not accurately pinpoint when the drugs were ingested and may not show the quantity. Therefore blood and urine tests alone may not be sufficient to prove the person was affected by drugs when they were driving in Georgia. The DRE contends he can provide the link between the GBI toxicology report and the less safe driving by reason of ingestion of drugs under Georgia DUI law. The DRE offers testimony that the defendant failed the physical tests administered by the DRE, showing that the defendant may be impaired by the drugs in his system. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
The DRE should advise that his examination of the suspect is broken into 5 parts:
1. Coordination tests. The suspect must perform the "walk and turn," "one leg stand," "finger to nose," and "Romberg balance" test (where he must estimate when 30 seconds have passed while standing with his head tilted back and his eyes closed).
2. Eye tests. The DRE checks the suspect's pupil size under various lighting conditions. He checks for "horizontal gaze nystagmus" where the eyes twitch when looking off to the side and "vertical nystagmus" where the eyes twitch when looking up. The DRE also checks to see if the eyes cross normally when looking down at the nose.
3. Vital signs. The DRE measures the suspect's pulse, temperature and blood pressure.
4. Muscle tone. The DRE feels the suspects arm muscles to see if the are loose and rubbery or tense.
5. Visual inspection. The DRE inspects the suspects mouth and nose for signs of drug ingestion, the presence of drug debris and discoloration. The DRE checks the suspect's arms for needle marks. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
The DRE then determines whether the results of the exam performed on the suspect match symptoms associated with 7 drug classes. The drug classes used are central nervous system (CNS) depressants, CNS stimulants, hallucinogens, phencyclidine, narcotic analgesics, inhalants, and cannabis. Journal of Analytical Toxicology, "Laboratory Validation Study of Drug Evaluation and Classification Program: Ethanol, Cocaine, and Marijuana", Vol. 20, October 1996, p. 468. For example, a person on a depressant should have normal pupils, but twitching eyes on the nystagmus tests, a slow pulse rate, low blood pressure, drowsiness, and slurred speech. Persons on cannabis should have dilated pupils, no eye twitching, a high pulse rate and blood pressure, their eyes may not cross normally when they look down their nose, and they may have disorientation. The DRE also interviews the arresting officer, reviews the alco-sensor and Intox. 5000 results and asks the suspect if he has been using drugs. Finally, the DRE concludes whether the suspect is behaviorally impaired, if the impairment is drug-related, and the drug class or combination of classes likely to be causing the impairment. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
Drug Recognition Experts are Not Recognized by Georgia Courts There is Georgia DUI or Atlanta DUI Court decision from the Georgia Supreme Court recognizing the reliability of DRE testimony as proof of driving under the influence. The written opinions which permit the admission of DRE evidence either say the evidence was not subject to timely objection or do not address this issue. In Atlanta DUI or Georgia DUI cases, a party may challenge the admissibility of expert testimony that is based on theories or technologies that have not “reached a scientific stage of verifiable certainty.” Harper v. State, 249 Ga. 519, 292 S.E.2d 389 (1982). DRE testimony is a “Novel Scientific Theory and Technique” as contemplated in Harper, supra. After a procedure has been recognized in a substantial number of jurisdictions, a trial court may take notice, without receiving evidence, that the procedure has been established with verifiable certainty. Harper, supra at 525-526(1), 292 S.E.2d 389. A trial court may also decide a procedure or technique has reached a “scientific stage of verifiable certainty,” from evidence presented to it by the parties or an expert or based on exhibits, treatises, or the rationale of cases in other jurisdictions. Id. at 525, 292 S.E.2d 389. A review of the decisions of the Georgia Court of Appeals, our Georgia Supreme Court and the courts of other states reveals only one decision of a major appellate court in Minnesota in which the “DRE” has been discussed as a reliable method of drug detection.” Id. It is the Georgia Prosecutor's burden to establish the reliability of this particular test by expert testimony or to offer authority subsequent to Harper to prove that this urine testing procedure had become scientifically established with verifiable certainty in Georgia or in other jurisdictions. Id. Any DRE testimony would not qualify as reliable evidence using the Harper, test or the Daubert test for federal court. Harper, supra; See also, Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 20.
A DUI Defendant can challenge the accuracy of the evaluation and the DRE's qualifications to perform the tests. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 21. Laboratory studies were done in 1996 and 1998. The 1996 studies were undertaken to determine the validity of the variables of the Drug Evaluation and Classification (DEC) evaluation in predicting whether research volunteers had been administered ethanol, cocaine or marijuana and to determine the accuracy of DREs in detecting whether subjects had been dosed with ethanol, cocaine, or marijuana. Using discriminant function analysis, it was found that 17-28 variables of the DEC evaluation predicted the presence or absence of each of the three drugs (ethanol, cocaine and marijuana) with a high degree of sensitivity and specificity and low rates of false-positive and false-negative errors. The five best predictive variables were nearly as accurate as the entire subsets of 17-28 variables. When DREs concluded subjects were impaired by ethanol or drugs or both, their predictions were consistent with toxicological analysis in 51% of cases. When ethanol-only decisions, which were guaranteed to be consistent with toxicology, were excluded, DREs' predictions were consistent in 44% of cases. Journal of Analytical Toxicology, "Laboratory Validation Study of Drug Evaluation and Classification Program: Ethanol, Cocaine, and Marijuana", Vol. 20, October 1996, p. 475. This study provides a list of the symptoms that were found to be the best predictors of impairment by a particular class of drug. Journal of Analytical Toxicology, "Laboratory Validation Study of Drug Evaluation and Classification Program: Ethanol, Cocaine, and Marijuana", Vol. 20, October 1996, p. 470, 472, 474. If these symptoms are not consistent with those found present in the client on the DRE report, this may call into question the validity of the DRE's conclusion.
Aside from challenging the accuracy of the DEC, Defendant can challenge the DRE's qualifications. The DRE is not a medical doctor and has only had a nine day course and is therefore not qualified to make a subjective evaluation of the suspect's physiological symptoms. An inquiry should be made into what training the DRE has been given in distinguishing the effects of drugs from those of other medical conditions. Only one and a half pages of the 570 page DRE training manual covers medical conditions that can be confused with drug impairment. If the DRE's training history is questionable, inquire to see how well he did in the DRE course and what continued training he has had in DRE techniques. The DRE is supposed to maintain a running log which DREs are supposed to keep to record and measure success rates. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 21. External conditions can effect the alleged DRE symptoms. For example, high blood pressure, high pulse rate and muscle rigidity can be caused by the stress of an arrest or accident. Other symptoms may be caused by mental conditions such as attention deficit disorder or mania or delirium, or a medical condition such as diabetes, hypertension or an abnormal movement disorder. There are many natural causes for nystagmus including strobe lights and non-alcohol or drug related diseases. In cases involving accidents, symptoms may be due to a concussion. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 21. The Officer's DRE manual can be used to find potential mistakes made by the DRE while conducting the test. The manual warns that any deviation from the protocol affects the conclusion. So if the DRE does not administer the evaluation under the conditions recommended by the manual, this indicates the results are not reliable. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 21. Other possible arguments may emerge by comparing the DRE's report with the notes of the arresting officer. There may be inconsistencies. Even if the DRE correctly determines that the suspect was affected by drugs, that does not necessarily mean the suspect's driving ability was impaired. Lawyers Weekly USA , "Growing New Practice Area for Drunk Driving Lawyers" dated September 20, 1999, p. 21. Never take for granted that DRE techniques are admissible.
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Friday, 16 May 2008 |
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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.
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