Gwinnett Budget Woes Decimate DUI Enforcement
The Gwinnett County Court house boys in Lawrenceville, Georgia can’t stop talking about the devastating effect of budget woes on DUI enforcement in Gwinnett County. The DUI Court, a successful statewide DUI imitative to get DUI drivers off the road with rehabilitation instead of jail time which merely delays alcohol abuse and doesn’t stop it, […]
Read MoreDUI Source Code Debate Continues: Mathis v. State, A09A0962
In Mathis v. State, A09A0962, the Georgia Court of Appeals addressed an appeal from the denial of a request for the DUI Source Code in a DUI case from Douglasville, Douglas County, Georgia. The DUI driver was arrested for speeding found with open beers in the car, displayed manifestations of alcohol impairment according to the […]
Read MoreU.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation
The U.S. Supreme Court has dealt a blow to the infamous paper witness. Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent […]
Read MoreWade v. State, A08A1647, DUI, Similar Transactions
Wade v. State, A08A1647, DUI, Similar Transactions, the Georgia Court of Appeals essentially admits that similar transaction evidence in DUI cases is bad law. Georgia is the only state in the union that allows similar transaction evidence to come in as evidence of “bent of mind” which is just another way of saying bad character […]
Read MoreHolowiak v. State, A08A1872: Dodging the Intox 5000 Souce Code
In Holowiak v. State, A08A1872, the Court of Appeals refused to address the Intox 5000 source code in an appeal from the State Court of Cherokee County in Canton, Georgia. Mr. Holowiak, who was stopped at a roadblock in Cherokee County, challenged the “propriety of the roadblock and test results from the Intoxilyzer 5000 machine […]
Read MoreVehicular Homicide, a fifteen year felony, can be based on reckless driving even if you beat the DUI
Guilty plea in fatal crash By Amanda Kramer The man accused of driving drunk and killing a teenager in a car crash in November was sentenced to serve eight years in prison after pleading guilty to the charges this week. Carroll County Superior Court Judge Dennis Blackmon ordered Stanley Keith Benton, 29, of Newnan to […]
Read MoreHenry County Georgia Rapper “Nas” DUI demonstrates the fraud of Drug Recognition Expert techniques
The rapper “Nas” was arrested in Henry County, Georgia at a DUI roadblock for DUI marijuana on September 10, 2009. The charges were recently dropped when the blood test came back negative for marijuana. The police report stated, “Mr. Jones had a green tongue with raised taste buds, and his pulse was raised to 116 […]
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