Blog News -

Home » Blog » Page 3
a

When you say I will only take a blood test in a Georgia DUI

Imagine a hypothetical, a driver is arrested for DUI in Georgia, Georgia Implied Consent is read and the Officer designates a breath test.  When the Intoxilyzer 9000 is set up, the driver states that he will not take a breath test but that he will only take a blood test.  No other rights are read […]

Read More

DUI Breath tests are about to be Unconstitutional in Georgia

Oral Arguments in the Georgia Supreme Court were held in Olevik a/k/a Plevik v. State, S17A0738, on August 18, 2017. The arguments were very telling. The defendant was essentially asserting that Police can not compel acts under the Georgia Constitution, and wrapping your lips around a breath tube, directing air for a minimum period, and […]

Read More

Statham City Police in Barrow County accused of policing DUIs for profit

On January 20, 2017, Crimewatchdaily.com posted an expose of questionable police practices in Statham, Georgia. The city of Statham, with a population of just 2500, is located in Barrow County on the way to Athens off of Georgia 316.  Statham is known as a DUI hotbed and reportedly makes exponentially more DUI arrests than surrounding […]

Read More

Trumps new Immigration Executive Order means mass incarceration for the undocumented

Slate reported on January 25, 2017, on Trump’s latest Executive Order on Immigration. While the mainstream media focuses on the “The Wall,” Criminal Defense attorneys are focusing on the really scary parts for our clients.  Our clients range from people with speeding tickets, no driver’s license to serious felony charges. I am sure people will […]

Read More

Pedersen v State – boarding a DNR boat for BUI fields does not trigger Miranda

Pedersen v. State, 337 Ga App 159, 786 SE2d 535 (2016). Erick Pedersen was convicted of Boating Under the Influence after a jury trial in Hall County State Court. Pedersen was stopped by the Georgia Department of Natural Resources (DNR) for operating his pontoon boat with docking lights such that the boat’s navigation lights were not […]

Read More

Muthu v State – Judicial Comment-DUI Experts-Mistrial

Muthu v. State, 337 Ga. App. 97, 786 SE2d 696 (2016). Muthu appealed his conviction after a jury found him guilty of DUI per se, DUI less safe, and failure to maintain lane. Muthu alleged improper judicial comment, restricting of his DUI Expert regarding the effects of acid reflux or GERD on the State Administered […]

Read More

New Georgia protections to guard against eye witness misidentification in lineups and showups

O.C.G.A. 17-20-1, 17-20-2 and 17-20-3 went into effect on July 1st, 2016 to ensure fairer and more balanced procedures for eyewitness live lineups, photo lineups and show ups. These new procedures were created to help reduce wrongful convictions due to faulty eye witness identification in court. Memory is fabricated and not real. Recency has the potential to […]

Read More

State v Osterloh – speaking in tongues not actual consent for a DUI blood test

State v. Osterloh, A17A1199, August 30, 2017. The Trial Court granted Christopher Osterloh’s motion to suppress the results of his State-Administered DUI blood test. The State appealed arguing that Defendant had given actual, knowing, intelligent, uncoerced consent to testing. Osterloh was traveling north on Georgia 400 when he was struck by another vehicle. Osterloh’s vehicle […]

Read More

DUI Improper Closing Argument- What if he had a gun?

Hopkins v. State, A16A0264, May 18, 2016. Akeem Hopkins appealed his conviction for DUI, obstruction, interference with government property, failure to stop, failure to register the vehicle, and simple assault as a result of the trial court’s failure to grant a mistrial after the prosecutor made an improper closing argument. During the closing argument, the […]

Read More