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DUI conviction affirmed of Henry County DUI based on unsteadiness of man with cereral palsy

Harris v. State, A10A0119 (12/21/09).  The Georgia Court of Appeals affirmed the conviction of Rodney Harris a man suspected of driving while a less driver after consuming alcohol in a Henry County Bench Trial for DUI despite it being undisputed that Mr. Harris suffered from the cerebral palsy muscular disorder. (According to Wikipedia, The classical […]

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If the Judge is Too Just, Get Rid of Him.

D.A. must remove judge from all DUI cases “By PHIL STRICKLAND – For The Californian courtesy of NCtimes.com Justice may be blind, but it’s easy to see there is precious little of it in the courtroom of Judge James Warren for drunken driving victims and their families. In rapid succession two weeks ago, the Riverside […]

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Georgia Super Speeder Law hits the books January 1st. 2010

On January 1st, 2010, O.C.G.A. Sec. 40-6-189, hits the law books commonly known as the Super Speeder law. The Super Speeder law provides that drivers who are convicted of driving 75 miles per hour or greater on a two-lane road or 85 mph or greater on any other road are classified as Super Speeders. Super […]

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How much is my DUI in Atlanta, Georgia going to cost?

Fox Five did a story on December 30, 2009, on the cost of an Atlanta DUI. Each year in Georgia about 200,000 people are arrested for DUI.  In the five-county Metro Atlanta area, there are more than 20,000 arrests each year.   They concluded that a DUI will cost on average about $10,000.00. That means that […]

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George Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed

State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer […]

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DUI Police fear Twitter

Major news outlets are reporting that police are frustrated by the use of Twitter to warn potentially drunk drivers of roadblocks.  Police fear that this free dissemination of information may help to drink drivers escape arrest.  This begs the question shouldn’t the police want people to know about roadblocks so they will take a cab […]

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Tiger Woods Incident: Silence is a legal right guaranteed by the Constitution

Tiger Woods’s recent traffic mishap in Orlando, Florida after Thanksgiving brings out interesting issues on how to handle police DUI investigations after a single-car accident.  Police are looking for wrongdoing. It is that simple. When someone is looking for wrongdoing, they usually will find it.  How you ask could Tiger Woods get in trouble for […]

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Potter v. State, A09A2109, December 03, 2009

In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required by Georgia law when the State produced […]

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England v. State, A09A2181, December 2, 2009

In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies “I would rather have a blood test” is not a request for an […]

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