Forsyth County DUI: prior DUIs are admissible in a current DUI prosecution as similar transactions
Steele v. State, Forsyth County DUI, A10A0955, admissibility of prior DUI convictions (September 16, 2010). Perry Lee Steele was convicted of DUI by a Forsyth County jury in Cumming, GA. He appealed claiming that the Court improperly admitted evidence of prior DUI convictions without finding that the DUI was being admitted for a proper purpose and […]
Read MoreDawson 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 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 MoreDUI juror strikes back in Fayette County: State didn’t meet burden
I was a juror in the DUI case held in state court last week. I am also the mother of four and am very against drinking and driving. I know that this is murder on our streets and my children have been told time and again that they would be in the worst kind of […]
Read MoreSTATE v. FEN YUE TAN,A10A0687,Court of Appeals of Georgia, Decided: July 8, 2010
STATE v. FEN YUE TAN, A10A0687, Court of Appeals of Georgia, Decided: July 8, 2010. F. Tan was arrested for DUI in Gwinnett County after rear-ending another vehicle at a roadblock. She had slurred speech, red and glassy eyes, took two Georgia Standardized Voluntary Field Sobriety Evaluations, a portable breath test, and gave an insufficient […]
Read MoreDuncan v. State, A10A0651, Georgia Court of Appeals, June 28, 2010
DUI, Prescription Drug DUI, Sufficiency of the Evidence, HGN, DRE, Harper Scientific Reliability. Duncan v. State, A10A0651, Georgia Court of Appeals, June 28, 2010. D. Duncan was found guilty by a Coweta County jury of DUI prescription drugs and alcohol in Newnan, Georgia. The defendant was stopped for driving with his headlights off (because they […]
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