Clayton County DUI Jury Trial Appeal: If you don’t win less safe, don’t complain about the breath test
Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech, […]
Read MoreSource Code Evidence: You can subpoena evidence not just witnesses in Kentucky
Yeary v. State, S10G1085, Supreme Court of Georgia, June 20, 2011. Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her breath alcohol as .179 grams. The Trial Court had denied Yeary’s motion to obtain evidence possessed by CMI, Inc., a […]
Read MoreDuluth Police Officer terminated for May 5th single car accident that turned into a Georgia DUI Arrest
Gwinnett media sources reported on June 25, 2011that Duluth Police Department terminated Cpl. Dan Diamond for his May 5th, 2011 Gwinnett County DUI arrest. Cpl. Diamond was driving his vehicle, a Dodge Ram 3500 when he ran off the road and struck three trees. After police arrived they notice an odor of alcohol, slurred speech, […]
Read MoreDude, Where is my DUI? Jurisdiction for a Georgia DUI arrest
Cherokee County DUI, Holly Springs, Georgia: Criddle v. State, A11A0044, Court of Appeals of Georgia, June 16, 2011. A Holly Springs Police Officer received a call about a DUI on Hickory Road in the City of Holly Springs in Cherokee County. When the Holly Springs Police Officer got there, he found Criddle’s pick-up truck hanging […]
Read MoreGeorgia Breath Testing Source Code Returns: Episode One -Necessity demands a road trip to Kentucky
Davenport v. State, S10G1355, Supreme Court of Georgia, June 20, 2011. Emily Davenport filed a motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State, O.C.G.A. 24-10-90 to obtain evidence of the internal workings of the Intoxilyzer 5000, specifically the source code, from employees at CMI, Inc. in Kentucky. Davenport […]
Read MoreA DUI defendant who does not fight his blood test result has a fool for a client according to the U.S. Supreme Court
U.S. Supreme Court finds DUI Blood tests are not foolproof. Bullcoming v. New Mexico, 09-10876, decided June 23, 2011, footnote 1. Gas chromatography is a widely used scientific method of quantitatively analyzing the constituents of a mixture. See generally H.McNair & J. Miller, Basic Gas Chromatography (2d ed. 2009) (hereinafter McNair). Under SLD’s standard testing […]
Read MoreGeorgia DUI Breath Test Due Process: A light on the horizon
The Georgia DUI Breath Test Concurring Opinion heard round the world. Davenport v. State, s10G1355, June 20, 2011. “DUE PROCESS…YES.DUE PROCESS. HOLD ON A SECOND. I NEED A MINUTE. DUE PROCESS, I AM JUST GETTING USED TO IT.” quote of a frazzled indigent defendant sitting in jail wearing two pairs of glasses, grey hair standing […]
Read MoreNo Bull. The Supremes are serious about Confrontation in DUI Blood Test Case
BULLCOMING v. NEW MEXICO, No. 09–10876, Supreme Court of the United States, Argued March 2, 2011—Decided June 23, 2011 Failure to have a lab analyst in court to testify about a state-administered test of the Defendant’s blood in a DUI case no matter how mundane the task is a violation of the Confrontation Clause. The […]
Read MoreDouglas County: 4th Amendment prohibition against illegal searches and seizures does not apply in Georgia Probation Revocation Hearings anymore
Douglas County Drug Arrest Probation Violation: State v. Thackston, S10G1337, May 31. 2011. Georgia Supreme Court recently held that an illegal search in a Paulding County Drug arrest in violation of the Fourth Amendment of the United States and Georgia Constitution and Georgia Criminal code does not apply in a probation revocation hearing even if […]
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