Jones v State – you can get a DUI with synthetic marijauna
Jones v. State, A15A1142-AFF-June 9th, 2015. Brandon Jones was found guilty of Driving Under the Influence (DUI) less safe drugs under OCGA 40-6-392(a)(2) by a jury in Hall County State Court in Gainesville, Georgia. He challenged the sufficiency of the evidence and contended that Count 1 failed to charge him with a violation of Georgia […]
Read MoreArmentrout v State- No SOP Not a Constitutional Roadblock
ARMENTROUT v. STATE, A15A0093, Court of Appeals of Georgia, May 15, 2015. Renee Armentrout was stopped at a police roadblock implemented by the John’s Creek Police Department in Fulton County. She was ultimately arrested and charged with DUI. Armentrout challenged the Constitutionality of the Roadblock. The State bears the burden of establishing the Constitutionality of the […]
Read MoreRodriguez v US – no such thing as a de minimis expansion of traffic stop under the 4th Amendment
Rodriguez v. the United States, No. 13-9972, United States Supreme Court, Vacated and Remanded, April 21, 2015. Officer Struble, a K-9 police officer, made a traffic stop after observing Rodriguez driving on the highway shoulder. After checking Rodriguez’s license, tag, and insurance and the licenses of the passengers, Struble issued Rodriguez a warning for driving […]
Read MoreChavez-Ortega v State – by their deeds you shall know an arrest
Chavez-Ortega v. State, A14A2188, Reversed, March 24, 2015. By their words, they will deceive, but by their deeds, ye shall know them. Jonathan Chavez-Ortega was charged with DUI. Chavez was arrested by Cobb County Police. He was initially questioned and then he was detained, placed in handcuffs, and put in the rear of a police […]
Read MoreHughes v State- Probable Cause for DUI if reasonable cops can differ
DUI Probable Cause Hughes v. State, S14G0622, March 16, 2015. Jack Hughes was required by police to submit to a blood test at the request of police after a fatal accident. Hughes moved to suppress the blood test result after he was charged as a result of there being no probable cause that he was DUI. […]
Read MoreState v Barnes – Not not rescinded but rather fair and reasonable
State v. Barnes, A14A1915, Court of Appeals of Georgia, March 27, 2015. The State appealed the Fayette County State Court’s order suppressing a DUI alcohol breath test result because Barnes’ refusal to take the test was not rescinded. Barnes was pulled over and, after an investigation including a portable breath result, was arrested for DUI. She […]
Read MoreCalifornia Supreme Court – DUI Field Sobriety Tests do not predict impairment
DUI Law Appellate Quote of the day: Coffey v. Shiomoto, No. s213545, California Supreme Court (April 6, 2015);— P.3d —-, 2015 WL 1514610 (Cal.): “National Highway Traffic Safety Administration (NHTSA) released the results of a study in 1998 that evaluated the accuracy of the standardized field sobriety test (SFST) battery at BACs below 0.10 percent. (Stuster […]
Read MoreWilliams v State – the Constitution is not a loophole or a technicality
Williams v. State, S14A1625, March 27, 2015. A legal earthquake is shaking things up in Georgia’s DUI law. John Williams was convicted of driving under the influence of drugs. He moved to suppress the state-administered blood test on the basis that Georgia’s Implied Consent Statute does not amount to the required voluntary consent under the […]
Read MoreNguyen v State-why even a .078 DUI is not DIY
Nguyen v. State, A14A1806, March 2, 2015. Trung Nguyen was convicted of a DUI after representing himself. He appealed arguing that the Court erred in allowing the introduction of a prior DUI into evidence and allowing the prosecutor to comment about the prior DUI in her opening statement. He also appealed arguing that he did […]
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