Dawson County DUI: taking person arrested for DUI 45 minutes to personal doctor for independent test not reasonable
Ritter v. State, A10A1492, Dawson County DUI, Independent DUI test, Intox 5000 Calibration Certificates (September 16, 2010): William Ritter was convicted by a Dawson County Jury of DUI in Dawsonville, Georgia. Ritter contends that his request for an independent blood test at his personal doctor’s office in Alpharetta was not reasonably accommodated. The Georgia Court […]
Read MoreHenry County DUI: waiting on another officer for 25 minutes in front of police car does not trigger Miranda warnings
Waters v. State, Henry County DUI, Miranda, and DUI, (September 16, 2010). Jennifer Renee Waters was convicted of DUI after a bench trial before the DUI Court judge in Henry County. She was stopped after a be on the lookout call went out for the car driven by Defendant. The Court of Appeals did not […]
Read MoreDeKalb County Roadblock is Legal: Hurt v. State
HURT v. THE STATE, A10A2229, Court of Appeals of Georgia, Decided: November 16, 2010. Rico Hurt was convicted of DeKalb DUI illegal blood alcohol level after a bench trial in the DeKalb County State Court in Decatur, Georgia. The DUI Decatur roadblock was found to be legal. The DUI arrestee argued the roadblock was illegal. […]
Read MoreDouglas County DUI/Hit and Run reversed by Georgia Court of Appeals
Reynolds v. State, A10A1234, Georgia Court of Appeals, DUI, HIt & Run, Sufficiency of the Evidence (September 10, 2010): A Douglas County jury found Carolyn Reynolds guilty of DUI and Hit and Run. The Georgia of Court of Appeals reversed the conviction because the Douglas County Prosecutors did not present any evidence of anyone involved in a […]
Read MoreObesity affects performance on DUI Field Sobriety Test
A New Hampshire man recently was found not guilty on a DUI charge based upon failed field sobriety tests. Critics have cried foul. However, a careful review of police officer training manuals produced by the National Highway Transportation Safety Administration cries ‘fair.” The alleged DUI driver’s defense was that he was obese and the field […]
Read MoreAtlanta Police Chief admits at least 5000 Atlanta area roadblocks were illegal without realizing it
Atlanta Police Chief George Turner admitted to using unconstitutional roadblocks for general crime deterrence at a Gay, Lesbian, and Transgender Community forum last week. The Atlanta Police Chief’s dialogue went as follows: “When you look at where we place roadblocks, and the crime patterns in our community, you’ll see roadblocks in that area,” Turner said. […]
Read MoreChandler v. State, A10A1604, Georgia Court of Appeals, August 4th, 2010, DUI appealed from Gwinnett State Court
Georgia criminal law prohibits multiple convictions or successive prosecutions for the same conduct under OCGA § 16-1-7 (b): “If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single […]
Read MoreDo DUI Standardized Field SobrietyTests Convict the Innocent?
A Colorado Doctor claims that DUI Standardized Field Sobriety Tests convict 3 out of 4 innocent people. DUI Standardized Field Sobriety Tests include the Horizontal Gaze Nystagmus, the 9 steps Walk and Turn, and the One Leg Stand. The Doctor compares the accuracy of the DUI standardized field sobriety test with courthouse security metal detectors. […]
Read MoreHenry County, Client charged with DUI in Henry County after weaving within the lan
The speech was normal. The walk was normal. 4/6 clues on HGN or the eye jerking test. 3/8 clues on the walk and turn. 1/4 clues on the One Leg Stand. He looked perfectly sober on video. Blew .080 and .082 on Intoxilyzer 5000. The jury found him NOT GUILTY on both charges after hearing […]
Read More