State v. Kelly, S11A0734, November 7, 2011: Plain Error review of Jury charges is required
State v. Kelly, S11A0734, November 7, 2011: The Georgia Supreme Court reversed a Fulton County Superior Court felony murder conviction for errors in the charge of law to the jury. Plain Error Review of Georgia jury charges is required under the plain language of O.C.G.A. 17-8-58(b) resolving inconsistency with appellate decisions in which some decisions held […]
Read MoreBoykins v. State, Georgia Supreme Court, S11G0643, November 7, 2011: the rare case justifies a warrantless search
Boykins v. State, Georgia Supreme Court, S11G0643, November 7, 2011. In a DeKalb County Drug Arrest, the Georgia Supreme Court held that it is the rare case that justifies a warrantless search. Boykins was observed pulled over talking to a woman on the side of the street. The police turned around. Boykins drove off to […]
Read MoreFlorida Newspaper call for the removal of the CMI Intoxilzyer 8000 because of too many accuracy problems
A Florida Newspaper in Lakeland is publicly calling for the removal of the Intoxilzyer 8000 as an official breath testing device in Florida. The machine has a history of problems with accurate readings and the manufacturer has refused to release the computer source code that generates the breath result outside of its offices in Kentucky […]
Read MoreSan Francisco TV News Investigative Report: DUI Field Tests are not accurate
A San Francisco Local News Investigative Reporter recently uncovered that DUI field tests are not accurate. After uncovering a police videotape where the Officer admits that even he can’t do the DUI Field Sobriety tests he is requesting of the person he is pulling over. This report discovers what DUI Defense Attorneys have known for […]
Read MoreRunaway Grand Jury investigating District Attorney’s Cover up of Intoxilyzer (State Administered DUI Breath Tests) inaccuracies
A Houston Grand Jury is investigating the District Attorney’s cover-up and retaliation of employee whistleblower surrounding inaccurate readings of Houston Police Departments Breath Alcohol Testing Vehicles or BAT Mobiles purchased in 2008. Despite District Attorney protests they were kicked out of Grand Jury proceedings and threatened with arrest by the Grand Jury foreman if they […]
Read MoreTunali v. State, A11A1158, Georgia Court of Appeals, from Troup County State Court
In Tunali v State, an appeal from the denial of a motion to suppress in the Troup County State Court, Tunali raised two issues. First, the Court could not take judicial notice of Department of Public Safety (“DPS”) rules allowing a stop of Tunali’s vehicle, a Ford F-250 pick-up truck displaying a hazardous material placard. The […]
Read MoreHow a cell phone or a text message can give you a DUI
Watch this video where a cell phone causes and Intoxilyzer 5000 to register a .253 dui lawyer atlanta | georgia dui lawyer
Read MoreT.V. Investigative Reporter finds Florida Authorities are fudging CMI, Inc Intoxilyzer alcohol breath testing operator permits
A Florida T.V. investigative reporter has uncovered at least 10 police officers who were not properly certified to operate the Intoxilyzer state-administered breath test but were issued permits to do so anyway by the Florida authorities with authority (Florida Department of Law Enforcement hereinafter “FDLE”) over the State DUI breath testing program. Florida law […]
Read MoreDoraville Police Officer arrested for DUI in DeKalb County after rear-end accident
Doraville Police Officer Kasey Lindsey was arrested Saturday night on October 8, 2011, after rear-ending another vehicle. According to police records, he failed field sobriety tests, offered his Doraville Badge instead of his Driver’s License, commenting that this would be their easiest DUI Arrest, admitted to drinking at a Doraville Strip Club, and allegedly blew […]
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