DUI refusal, Jury Charges, Closing Argument: Cruselle v. State, A10A0575 (April 7, 2010)
G. Cruselle was stopped for speeding on I-285 in DeKalb County by Officer John Fox of the DeKalb County Police Department’s Special Operations Division. Officer Fox noted that Cruselle was unsteady on his feet; clothes were in disarray; had a flushed face; had bloodshot, watery, and glassy eyes; a strong odor of alcohol; in a […]
Read MoreDUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010)
DUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010). J. Butler was found guilty of DUI in Columbia County Superior Court in Appling, Georgia near Augusta, Georgia. She appealed the legality of her stop. Staff Sergeant Thomas Harper of the Columbia County Sheriff’s Department responded to a domestic disturbance. He saw a vehicle […]
Read MoreDUI Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A20
DUI, DUI Less Safe Sufficiency of the Evidence, Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A2039, Court of Appeals of Georgia, (Decided: March 18, 2010). B. Head was arrested for DUI in Carroll County after a traffic accident wherein he broadsided a bus that turned in front of him. The […]
Read MoreSavannah 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 […]
Read MoreLegislative 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 […]
Read MoreHere 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 […]
Read MoreThe 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 […]
Read MoreField 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 […]
Read MoreDUI 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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