Bailey v State – State Breath test on the Intoxilyzer 5000 is not necessarily valid
Bailey v. State, 323 Ga. App. 424, 747 S.E.2d 210 (2013). Christopher Bailey was found guilty of DUI per se under OCGA 40-6-391 (a)(5) by a jury. Bailey appealed alleging that the Fulton County Trial Court gave an erroneous instruction which shifted the burden to Defendant. The DUI Trial Court in Atlanta charged the jury […]
Read MoreBig data is watching you – Why the war on privacy may be the most important conflict of our time
NPR examines the end of privacy in its TEDTalk roundup. There is a war going on for your privacy and it may be the most imminent threat to freedom and democracy that humanity has ever known. So you might think what do I have to hide? If you are not doing anything wrong, why do […]
Read MoreParanoid Pet Parrot narcs on his DUI owner
A paranoid pet parrot gave up his owner to Mexico City Police during a DUI stop by repeatedly saying “He’s drunk, He’s drunk.” Police returned the favor by letting the Parrot go to jail with the DUI driver so he would not die from the stress of separation from his owner. Everybody knows that Parrot […]
Read MoreLavertu v. State – What is not ineffective assistance of counsel in a DUI blood test case
In Lavertu v. State, A13A2158, February 7, 2014. Jacqueline Lavertu was arrested in Douglas County for DUI less safe and DUI Per Se (having a blood alcohol content over 0.08), open container, and failure to maintain lane. The Jury found her not guilty of failure to maintain lane but found her guilty of DUI and […]
Read MoreMcAllister v State – Sweeping Implied Consent Under the Rug
McAllister v. State, A13A1897, January 22, 2014. Daniel McAllister was arrested in Cherokee County after encountering a police roadblock. He refused the Deputies’ request for a breath test after reading implied consent rights. The Deputy drove McAllister to the jail where he applied for a warrant from a local magistrate for a blood draw. The […]
Read MoreMcAllister v State- if you cant beat em change the rules – closing the loophole of DUI refusals
Newspaper.com reported on January 31, 2014, about the Georgia Court of Appeals closing the DUI test refusal loophole by approving blood test warrants in DUI cases where suspects refuse the testing under the Georgia Implied Consent statute in the decision of McAllister v. State. But is it a good idea to take away a person’s […]
Read MoreWhere do you draw the line on Attorney Advertising?
Attorney advertising, specifically on TV, is usually a combination of low-budget, cheesy, and distasteful. Unfortunately, it works and a lot of good lawyers go out of business because they refuse to advertise or go to work for those that are unashamed enough to advertise on TV. Insurance companies aren’t complaining because T.V. Attorneys are the puppy […]
Read MoreProbing the Bad Science behind the DUI Breath test
Nutritional Scientist/Blogger Adam Kosslof probes the boundaries of bad science. Exhibit #1: the DUI breath test. He quotes a senior level Los Angeles prosecutor who wrote about DUI breath test weaknesses such as gender bias in alcohol breath testing, non-specificity of alcohol in DUI breath testing, how diabetes can throw off a DUI breath test, how ketones […]
Read MorePough v State – plowing new ground in Georgia DUI less safe by dicta
Pough v. State, A13A2269, January 15, 2014. Clifford Pough was standing outside of his gold Jeep on the shoulder of I-85 in Gwinnett County when police pulled up to check the vehicle. No one was inside the Jeep and the vehicle was running but its lights were off. Pough allegedly told police that he was on […]
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