Can police obtain my medical records if I am taken to the hospital after an accident?
In a Georgia DUI investigation as in many other jurisdictions, the ability of police to obtain medical records following an accident can depend on several factors, including the nature of the accident, whether a crime is suspected (such as driving under the influence -DUI), and the specific circumstances of the patient’s medical treatment. There are […]
Read MoreThe Georgia Code addresses the Nolle Pros
In Georgia law, “nolle prosequi,” often abbreviated as “nolle pros,” is a legal term that refers to the decision by a prosecutor to voluntarily discontinue prosecution of a case. This decision can be made at any point during the criminal proceedings, up until a verdict is reached. When a nolle prosequi is declared, it effectively […]
Read MoreCourt of Appeals of Georgia, First Division
The case is about a woman named Misty Michelle Garrison who was arrested for DUI by the Georgia State Patrol after crashing her car into a utility pole near Blairsville in Union County in Northern Georgia. The State filed an accusation charging Garrison with DUI less safe, failure to maintain lane, and violation of tire […]
Read MoreNew Case Review: Blazek v. The State, A23A0949. Court of Appeals of Georgia, First Division.
Decided: August 7, 2023: Brian Blazek was arrested for DUI after he was contacted by Gwinnett County Police to investigate a called-in complaint that Blazek had possibly been operating an 18-wheel tractor-trailer while intoxicated. Blazek was contacted by police while standing outside and next to his Tractor. Blazek consented to field sobriety tests and portable […]
Read MoreNew Study Casts Doubt on Reliability of DUI Field Sobriety Tests for Marijuana (THC) and by inference Alcohol
A new double-blind, placebo-controlled randomized clinical trial with 182 participants published in the journal JAMA Psychiatry has found that field sobriety tests (FSTs) may not be accurate in identifying drivers who are under the influence of THC. The study, which was conducted by researchers at the University of California, San Diego, found that 49% of […]
Read MoreWhat is an arraignment?
What is an Arraignment Date? An arraignment is a court hearing where the defendant is formally advised of the charges against them and enters a plea. The arraignment is the first time that the defendant will appear in court, and it is an important opportunity to learn about your rights and options. What Happens at […]
Read MoreGeorgia DUI charges in Municipal, Probate and Recorders Court do not require a new bond to request a jury trial or “bind the case over.”
If you have been arrested for DUI in Georgia, you have the right to a jury trial. However, you must waive your right to a jury trial in writing before your case can be resolved in a municipal, probate or records court. The statute governing DUI waiver of jury trial in Georgia is § 40-13-23 […]
Read MoreHow Scientifically Reliable are Field Sobriety Tests?
DUI Field Sobriety Tests: Show me the randomized double blind placebo control studies with significant N-values published in reputable journals showing that DUI field tests are reliable…hands, hands, hands…there aren’t any. The National Highway Traffic Safety Administration (NHTSA) developed standardized field sobriety testing (SFST) for DUIs in the 1970s. The goal of the SFST […]
Read MoreCan 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 […]
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