Judges have broad discretion to impose jail sentences or probation
Judges in Georgia have broad discretion in imposing jail sentences subject to the maximum sentencing limitations of a particular statute and minimum sentencing limitations which are provided by statute and can be probated unless expressly prohibited from being suspended or probated by statute. The Georgia DUI Statute, O.C.G.A. Sec. 40-6-391, is such a statute as it […]
Read MoreWhy economic theory tells us that the legal limit for DUI of 0.08 is dangerous and should be raised
The law of diminishing returns is a fundamental principle of economics which is defined as: The for a continuing effort toward a particular goal to decline in effectiveness after a certain amount of success has been achieved. (economics) A relationship between input and output, such that adding units of any one input labor, capital, etc.) to fixed […]
Read MoreUPS driver rear-ends Clayton County Commission Chair Eldrin Bell at Police DUI check point and is arrested for DUI.
An off duty UPS driver rear-end the Clayton County Commission Chair Eldrin Bell at a police DUI roadblock on December 17th, 2010. He was arrested for DUI and later blew under the 0.080 legal limit at a 0.071. Clayton County Police charged him with less safe DUI. This case highlights the popular misconception that if […]
Read MoreForest Park, Clayton Co. Slurred speech and couldn’t stand after rear-ending anoth
Testimony that my client had slurred speech and couldn’t stand after rear-ending another driver. He admitted to two beers and an “I don’t care pill” (prescription Xanax). He performed poorly on field tests. He registered a .034 and .036 on the Intoxylzer 5000 and refused a blood test. Argued Client is old and sick but […]
Read MoreForsyth County DUI: Intoxilyzer 5000 or the State Breath Test maintenance logs are not relevant in a Breath Test DUI case? Jacobson v. State. What about the Constitutiional right to confront and cross-examine witnesses?
JACOBSON v. STATE, 10A2041, Court of Appeals of Georgia, Decided: November 16, 2010. After a DUI jury trial in Forsyth County State Court at the Forsyth County Courthouse in Cumming, Georgia, Jeffrey Lee Jacobson appealed his conviction for DUI alleging that (i) the Forsyth County Trial Judge improperly commented on the evidence in violation of […]
Read MoreCrime Lab produces erroneously high blood alcohol tests
Colorado Crime Lab produces false alcohol blood tests in at least 82 DUI cases Eighty-two people in Colorado Springs, Colorado have reportedly been erroneously charged with DUI based on inaccurate blood test results. During a routine audit, Colorado Spring’s Crime Lab determined that out of 1000 tests conducted since January 2009 eighty-two results were incorrect […]
Read MoreHow life imitates art, a man dressed as a DUI breath test device is arrested for DUI
According to a police report for the City of Oxford Police Department in Ohio, a Halloween reveler, James Miller of Cincinnati, found himself in a scary situation and was arrested for Driving Under the Influence or as they say in Ohio OVI while disguised as a DUI portable alcohol breath test device. He was observed […]
Read MoreA fatal crash with trace of drugs in system can mean 15 years
In June 2003, an Athens County jury acquitted an Athens area woman of aggravated vehicular homicide in connection with a car crash that killed a Shade man. A blood test allegedly showed that Farah Holter had chemical byproducts of recent cocaine use in her system at the time of the crash. Her attorney, however, using […]
Read MoreIs a machine accurate when no one keeps the records?
Supreme Court: DUI test results should not have been suppressed COLUMBIA, S.C. The state Supreme Court says a lower court will have to review evidence of prejudice in the administration of a breath-test in a drunken-driving case. In a ruling released today, the high court says a trial judge erred in supressing the results of […]
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