Stubblefield v. State, A09A2225 February 2, 2010: Don’t get medical treatment after a DUI arrest
Discovery, Hospital Blood test, Stubblefield v. State, A09A2225 (February 10, 2010). The Court of Appeals affirmed the Coweta County State Court’s denial of a motion to suppress the hospital blood test taken in treating the defendant’s diabetic condition on the night of the DUI arrest. A Newnan Jury found E.J. Stubblefield guilty of DUI alcohol less safe […]
Read MoreDUI, Probable Cause. Brown v. State, A10A0526, February 10, 2010
DUI, Probable Cause. Brown v. State, A10A0526, February 10, 2010. The Court of Appeals the Newton County Trial Court’s denial of a motion to suppress after a Covington jury found him guilty of DUI after a trial. The Court of Appeals found that on July 15, 2006, L. Brown was observed driving down the road […]
Read MoreDon’t mix Ambien with anything: Myers v. State, A10A0106, March 9th, 2010
A Coweta County jury convicted M. Myers of five counts of DUI after a jury trial in Newnan Georgia. Myers was arrested for DUI after she was pulled over for weaving by Corporal Chris Segrest of the Coweta County Sheriff’s Department. Corporal Segrest testified that Myers’s speech was slurred, her eyes were glassy, she had […]
Read MoreOdor of Alcohol & Under 21 & Driving = Jail
What does it take for someone under 21 to be arrested for DUI? An odor of alcohol and an admission of drinking are enough regardless of impairment. In Dodds v. State, 288 Ga. App. 231 (2007), a 19-year-old male was stopped by police as a result of his tag frame partially covering his license plate […]
Read MoreGeorge Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed
State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer […]
Read MorePotter v. State, A09A2109, December 03, 2009
In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required by Georgia law when the State produced […]
Read MoreEngland v. State, A09A2181, December 2, 2009
In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies “I would rather have a blood test” is not a request for an […]
Read MoreStrickland v. State, A09A0988, pretrial bond conditions not double jeopardy
The Georgia Court of Appeals held in Strickland v. State, A09A0988 that pretrial bond conditions set by a Gwinnett County DUI Judge in Lawrenceville, Georgia do not violate the double jeopardy provisions of the United States and Georgia Constitution. The Gwinnett County DUI defendant had been arrested for her 3rd DUI with a blood-alcohol level of .326. The […]
Read MoreDavis v. State, A09A2057, dangers of self-representation even if you are a lawyer
In Davis v. State, A09A2057, November 13, 2009, the Georgia Court of Appeals affirmed the judgment of the State Court of Troupe County in LaGrange Georgia in the DUI conviction of Franklin Attorney Dock H. Davis. Mr. Davis represented himself. Mr. Davis was in an accident a 6:15 p.m. wherein he allegedly hit a utility pole in […]
Read More