Blog News -

Savannah DUI arrests soar and fatalities decline in anticipation of St. Patrick’s Day

The Savannah Morning News reported that DUI arrests in Savannah, Chatham County have sharply increased so far this year compared to last year.  This year there have been 127 DUI arrests since January 1st., 2010.  Roadway fatalities have decreased from the same period last year from 7 to 3. Law enforcement officials attributed the decrease […]

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Legislative Update: HB 92 requires second DUI punishment for first time DUI offenders over 0.15

Georgia Representative Kevin Levitas is banking more Georgia DUI capital at the State House in Atlanta with a new “tougher on DUI offenders” legislation in HB 92.  Last year it was toughening sanctions for multiple DUI offenders.  This year the target is first-time DUI offenders.  Soccer moms beware of that third glass of wine!  It […]

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Here we go again: Intoxilyzer 5000 flawed results have been faulty since 2008

Washington Police have discovered that DUI breath tests on the Intoxilzyer 5000 have been flawed since 2008 and are dropping DUIs because of it. These are the same DUI breath test machines used in Georgia to incarcerate people for DUI arrests and DUIs in Atlanta.  Unlike district authorities, DUI law enforcement officials in Atlanta do […]

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The Turn and Run test is not a standardized field sobriety test!

A man who was pulled over for suspicion of DUI in Covington, Georgia, Rockdale County did the turn and run test instead of the Walk and Turn test.  He wasn’t under arrest, so why can’t a man run. He had an odor of alcohol, admitted to drinking a few beers, and had red and glassy […]

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Field Tests and why you need to ask if the Officer will arrest you if you refuse: Bramlett v. State

M Bramlett appealed his conviction for DUI following a jury trial.  Bramlett asserts on appeal that his field sobriety tests, the one-leg stand, and nine-step walk and turn, should be excluded from evidence as they were not consensual.  The Trial Court disagreed.  The Court of Appeals affirmed the trial court.  M. Bramlett was stopped by […]

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DUI Probable Cause: State v. Encinas

DUI Probable Cause: State v. Encinas, A09A2151, (February 12, 2010).  The Court of Appeals affirmed the finding by the Trial Judge in Bibb County State Court in Macon, Georgia that there was no probable cause to arrest Mr. S. Encinas for DUI. The Trial Judge found that Encinas was driving 70 in a 55 mph zone, […]

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Hide the Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619

Discovery, Intox 5000, Discovery, Full Information, Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619 (February 11, 2010).  The Court of Appeals in a pair of decisions out of Gwinnett County State Court in Lawrenceville, and Cobb County State Court in Marietta, Georgia have affirmed the denial of DUI Defense attorneys to even subpoena […]

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Stubblefield v. State, A09A2225 February 2, 2010: Don’t get medical treatment after a DUI arrest

Discovery, Hospital Blood test, Stubblefield v. State, A09A2225 (February 10, 2010). The Court of Appeals affirmed the Coweta County State Court’s denial of a motion to suppress the hospital blood test taken in treating the defendant’s diabetic condition on the night of the DUI arrest. A Newnan Jury found E.J. Stubblefield guilty of DUI alcohol less safe […]

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DUI, Probable Cause. Brown v. State, A10A0526, February 10, 2010

DUI, Probable Cause. Brown v. State, A10A0526, February 10, 2010. The Court of Appeals the Newton County Trial Court’s denial of a motion to suppress after a Covington jury found him guilty of DUI after a trial. The Court of Appeals found that on July 15, 2006, L. Brown was observed driving down the road […]

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