Georgia DUI Implied consent rights are invalid if read 57 minutes after arrest for DUI
On September 22, 2009, the Georgia Court of Appeals decided Thrasher v. State, a DUI drug case involving methamphetamine impairing driving. The DUI occurred in Chatsworth, Georgia in Murray County. The Georgia Court of Appeals held that the DUI blood test should have been suppressed since the Defendant was arrested at the scene of an […]
Read MoreBrogdon v. State, A09A1269, Police can obtain a DUI search warrant for medical records
In Brogdon v. State, A09A1269, the Georgia Court of Appeals affirmed the use of a DUI search warrant to obtain medical records regarding a driver after an accident where an open beer can was found in the car and the driver smelled of alcohol by the Gwinnett County State Court trial judge. The Georgia Court of […]
Read MoreUnder the limit, still under arrest: State v. Rowell if you blow under I’ll let you go is deceptive
Ever heard the DUI slogan broadcasts on the radio “Over the Limit, Under Arrest.” Does that mean if you blow under the legal limit you will not be arrested? The legal answer is no, but the public does not know that is not true. The public believes and the government’s advertisers keep saying “Over the […]
Read MoreDUI Source Code Debate Continues: Mathis v. State, A09A0962
In Mathis v. State, A09A0962, the Georgia Court of Appeals addressed an appeal from the denial of a request for the DUI Source Code in a DUI case from Douglasville, Douglas County, Georgia. The DUI driver was arrested for speeding found with open beers in the car, displayed manifestations of alcohol impairment according to the […]
Read MoreU.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation
The U.S. Supreme Court has dealt a blow to the infamous paper witness. Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent […]
Read MoreWade v. State, A08A1647, DUI, Similar Transactions
Wade v. State, A08A1647, DUI, Similar Transactions, the Georgia Court of Appeals essentially admits that similar transaction evidence in DUI cases is bad law. Georgia is the only state in the union that allows similar transaction evidence to come in as evidence of “bent of mind” which is just another way of saying bad character […]
Read MoreHolowiak v. State, A08A1872: Dodging the Intox 5000 Souce Code
In Holowiak v. State, A08A1872, the Court of Appeals refused to address the Intox 5000 source code in an appeal from the State Court of Cherokee County in Canton, Georgia. Mr. Holowiak, who was stopped at a roadblock in Cherokee County, challenged the “propriety of the roadblock and test results from the Intoxilyzer 5000 machine […]
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