Can I DUI Stop be “Unlawfully Prolonged”?
Goode v. State, A23A0200, Georgia Court of Appeals, June 5, 2023: What it Means for DUI Defense In a recent decision, the Georgia Court of Appeals held that a police officer’s detention of a driver for a DUI investigation was unlawfully prolonged. The case, Goode v. State, is a victory for DUI defendants and […]
How Strickland v. State Could Benefit People Cited for DUI in Georgia
Strickland v. State: A Victory for Defendants charged on traffic violations like DUI and charged on a paper Uniform Traffic Citations in Georgia In a 2019 case, Strickland v. State, 349 Ga. App. 673, 675(2), 824 S.E.2d 555 (2019), the Georgia Court of Appeals held that a traffic citation or paper traffic ticket that […]
Your Right Against Self-Incrimination and DUI: What You Need to Know
The Ammons v. State Case: Protecting the Right Against Self-Incrimination In Ammons v. State, the Georgia Supreme Court held that a defendant’s right against self-incrimination under the Georgia Constitution prohibits law enforcement from compelling a person suspected of DUI to perform a preliminary breath test (PBT) or field sobriety tests (FSTs). The defendant in Ammons […]
Aggressive Driving in Georgia
Aggressive Driving under OCGA 40-6-397 Aggressive driving is a serious problem on our roads. It can lead to accidents, injuries, and even death. In Georgia, aggressive driving is defined as operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. What is Aggressive Driving in Georgia? There are […]
If you refuse a blood or breath test, police may obtain a warrant for Blood
O.C.G.A. § 40-5-67.1 (d.1), provides, “Nothing in the Implied Consent Rights or Implied Consent law shall be deemed to preclude the acquisition or admission of evidence of a violation of the Georgia DUI laws if obtained by a search warrant as authorized by the Constitution or laws of this state or the United States.” This […]
Sandy Springs purchases property for Municipal Court and Public Safety
Patch.com reported on August 19, 2020, that the City of Sandy Springs has recently purchased 620 Morgan Falls Road as its new Municipal Court and Public Safety facility. The property is 12.52 acres and costs $11,025,000.00. The Police Department and Municipal Court are currently located in leased office space in the Morgan Falls Office park which […]
City of Atlanta passes ordinance making watching cars do donuts illegal
Watching street racing, burnouts and doughnuts or donuts by street racers in their Dodge Chargers and other hot rods in Atlanta can get you six months in jail and a $1000.00 fine without the right to a jury trial in the Municipal Court of Atlanta based on recently passed ordinance according to MotorTrend.com. This is after […]
Acworth Man arrested for DUI and Vehicular Homicide
Patch.com reports on August 3, 2020, that an Acworth man was charged with DUI and Vehicular Homicide after hitting a pedestrian on I-285 near Northside Drive. The victim was found a half-mile from the scene of the accident as was a heavily damaged pickup. The crash is being investigated by the Investigator Head of the Sandy […]
Using tear gas and rubber bullets during peaceful protest is illegal
A Colorado Federal District Court ruled on June 5, 2020, that police use of tear gas and rubber bullets was illegal as an excessive force under the Fourth Amendment, the First Amendment as a violation of free speech as the First Amendment bars retaliation, and that protesters suffered irreparable harm. The Federal District Court held […]