Wright v. State, A10A0459, June 28, 2010
Vehicular Homicide, DUI, Sufficiency of the Evidence, Merger. Wright v. State, A10A0459, Georgia Court of Appeal, June 28, 2010. After crossing the centerline, a head-on collision, and admitting ingesting methadone and Xanax, M. Wright was convicted on two counts of vehicular homicide, two counts of serious injury by vehicle, and DUI drugs less safe. Wright […]
Read MoreDUI, Right to Counsel, Setting Aside Guilty Plea. Alford v. State, S10A0062, April 19, 2010. A. Alfo
DUI, Right to Counsel, Setting Aside Guilty Plea. Alford v. State, S10A0062, April 19, 2010. A. Alford was found guilty after a bench trial of DUI in Muscogee County State Court in Columbus, Georgia in 1995 without an attorney. He filed a Habeas Corpus petition alleging that he was entitled to legal representation. The Georgia Supreme Court […]
Read MoreDUI refusal, Jury Charges, Closing Argument: Cruselle v. State, A10A0575 (April 7, 2010)
G. Cruselle was stopped for speeding on I-285 in DeKalb County by Officer John Fox of the DeKalb County Police Department’s Special Operations Division. Officer Fox noted that Cruselle was unsteady on his feet; clothes were in disarray; had a flushed face; had bloodshot, watery, and glassy eyes; a strong odor of alcohol; in a […]
Read MoreDUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010)
DUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010). J. Butler was found guilty of DUI in Columbia County Superior Court in Appling, Georgia near Augusta, Georgia. She appealed the legality of her stop. Staff Sergeant Thomas Harper of the Columbia County Sheriff’s Department responded to a domestic disturbance. He saw a vehicle […]
Read MoreDUI Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A20
DUI, DUI Less Safe Sufficiency of the Evidence, Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A2039, Court of Appeals of Georgia, (Decided: March 18, 2010). B. Head was arrested for DUI in Carroll County after a traffic accident wherein he broadsided a bus that turned in front of him. The […]
Read MoreField Tests and why you need to ask if the Officer will arrest you if you refuse: Bramlett v. State
M Bramlett appealed his conviction for DUI following a jury trial. Bramlett asserts on appeal that his field sobriety tests, the one-leg stand, and nine-step walk and turn, should be excluded from evidence as they were not consensual. The Trial Court disagreed. The Court of Appeals affirmed the trial court. M. Bramlett was stopped by […]
Read MoreDUI Probable Cause: State v. Encinas
DUI Probable Cause: State v. Encinas, A09A2151, (February 12, 2010). The Court of Appeals affirmed the finding by the Trial Judge in Bibb County State Court in Macon, Georgia that there was no probable cause to arrest Mr. S. Encinas for DUI. The Trial Judge found that Encinas was driving 70 in a 55 mph zone, […]
Read MoreHide the Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619
Discovery, Intox 5000, Discovery, Full Information, Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619 (February 11, 2010). The Court of Appeals in a pair of decisions out of Gwinnett County State Court in Lawrenceville, and Cobb County State Court in Marietta, Georgia have affirmed the denial of DUI Defense attorneys to even subpoena […]
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