DUI Breath Test Calibration and Certification for Georgia DUI Defense
The Crucial Importance of Full Information in Discovery and Complete Transparency in State-Administered Breath Tests in DUI Defense If you’ve ever found yourself pulled over under suspicion of DUI in Atlanta, you’re likely familiar with the DUI breath test (in Georgia, Intoxilyzer 9000)-a pivotal moment where a small device effectively decides whether you are guilty […]
Read MorePeople vs Redmond – Does The Odor of Burnt Marijuana Justify a Vehicle Search?
The Impact of Illinois Supreme Court’s Decision in People v. Redmond on Georgia DUI Law Today, we delve into a significant legal ruling from the Illinois Supreme Court, The People of the State of Illinois v. Ryan Shavor Don Redmond (Docket No. 129201), filed on September 19, 2024, and explore its potential implications for Georgia […]
Read MoreComplexities in DUI Cases
Insights from a Recent Georgia Supreme Court Ruling In the realm of DUI defense, recent developments in Georgia case law highlight the importance of understanding the intricate legal landscape that can significantly impact the outcome of a case. The Georgia Supreme Court’s decision in Garrison v. State, S24G007, August 13, 2024, offers crucial insights into two […]
Read MoreElliott v State – Elliott is not a fat kid with glasses who eats paste – Elliott is a constitutional rock star
Elliott v. State, S18A1204, Supreme Court of Georgia, February 18, 2019. In Elliott v. State, the Supreme Court of Georgia held that Art. 1, Sect. 1, Para XVI of the Georgia Constitutional prohibits the admission into evidence of the refusal of a compelled breath test under the Georgia Implied Consent law as an act of self-incrimination. […]
Read MoreState v Council – Court of Appeals concedes refusal nor compelled breath test admissible
In State v. Council, 343 Ga. App. 583, 586; 807 SE2d 504 (2017), on September 15th, 2016, Susan Council was involved in a multi-vehicle automobile collision. Cobb County Police were told by emergency medical technicians that they believed Ms. Council was under the influence of alcohol. Ms. Council was polite, admitted to drinking 2 glasses of […]
Read MoreSpencer v State – clues do not equate to BAC with out a proper Harper foundation
In Spencer v. State, 302 Ga. 133 (805 SE2d 886) (2017), the Georgia Supreme Court granted the petition for certiorari in Spencer to consider whether the Court of Appeals erred in holding that the trial court properly admitted a police officer’s testimony correlating the results of a horizontal gaze nystagmus (“HGN”) test with a numeric blood alcohol content […]
Read MoreGot a Breath test DUI take an Olevik
Olevik v. State, S17A0738, Supreme Court of Georgia, Decided: October 16, 2017. Prior to Olevik v. State, No. S17A0738, 2017 WL 4582402 (Ga. Oct. 16, 2017), Georgia courts routinely recognized that the right to refuse a state-administered chemical test following a DUI arrest was not a constitutional right: “As we noted, the United States Supreme Court ruled it […]
Read MoreSmith v State – DUI vehicular homicide must include lesser included option
Smith v. State, A17A1252, September 7, 2017. Quincy Alexander Smith was convicted of first-degree vehicular homicide for causing the death of another with a blood alcohol concentration over 0.08 grams within three hours of driving. After dropping his wife and children off at a friend’s house, he was turning left into his subdivision when he […]
Read MoreCan I pick the test I take after a DUI arrest
Who gets to pick the test administered in a DUI arrest? The short answer is it depends. Let’s assume some hypothetical facts. First, the driver is arrested, Georgia Implied Consent rights are read and the Officer designates either a blood, breath, or urine test. Let’s assume that the police officer chooses a breath test. When […]
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