Denstaedt v. State – not knowing what experts review is always admissible is not ineffective
Denstaedt v. State, A14A0858, Court of Appeals of Georgia, October 7, 2014. Matthew Denstaedt was convicted of DUI per se or driving over the legal limit as proven by an alcohol breath test in Gwinnett County State Court after an arrest by a Duluth Police Officer. He was acquitted of being a less safe driver […]
Read MoreChristian v State – the stop can be hearsay but the criminal history needs certified operator
Christian v. State, A14A1353 Court of Appeals of Georgia October 7, 2014. Billy Wayne Christian was stopped in Whitfield County after making a scratching sound with his tires because dispatch informed him that his Tennessee Tag was not on file. Christian was convicted of driving on a limited permit and DUI after a bench trial. […]
Read MoreHolland v State – wrong name on blood sample is not an abuse of discretion in overruling chain of custody
Holland v. State, A14A1119, September 23, 2014. Donnie Holland pulled out in front of a Carroll County Sheriff’s Deputy who allegedly had activated his emergency blue lights and siren. Trooper Garmon of the Georgia State Patrol investigated the accident and notice no indications of impairment in Holland at the scene. Trooper Garmon followed Holland to […]
Read MoreState v Cartwright – 2 brake lights and a statute is not enough to avoid traffic stop
State v. Cartwright, A14A1392, September 24, 2014. The State appealed after Allison Cartwright had her DUI dismissed in Cobb County State Court after a motion hearing where the Trial Court found that Cartwright had not violated a traffic law requiring only two operational brake lights by having two operational brake lights but an inoperable center […]
Read MoreWorlds v State – it takes some serious balls to base a stop on that
Worlds v. State, A14A1112 (August 14, 2014). In November 2012, Teresa Worlds was pulled over by police in Hall County because the 4th digit of her license plate was obstructed by a trailer hitch ball mounted on the bumper. During the traffic stop, the police officer found drugs in plain view. Worlds presented photos at […]
Read MoreRiley v California – Smart Phones enjoy 4th Amendment protections against unreasonable searches
Riley v. California, Nos. 13-132, Supreme Court of the United States, June 25, 2014. Chief Justice Roberts addressed the issue of whether police may, without a warrant, search the contents of an accused cell phone or smartphone subsequent to arrest. David Riley was stopped by police while driving with an expired tag. A computer check also indicated that […]
Read MoreFrost v. State – New Evidence code means prior similar DUIs are rarely admissible
Frost v. State, A14A0730, Court of Appeals of Georgia, July 15, 2014. Gary Frost was arrested for DUI after striking a gate at his condo complex. After a jury reached a verdict on the two counts of striking a fixed object and open container of alcohol, it was hopelessly deadlocked on the DUI charge. Frost […]
Read MoreSanders v State – Intoxilyzer source code is not material to a DUI
Sanders v. State, A14A0142, June 18, 2014. Following a bench trial of a DUI under OCGA 40-6-391(a)(5), Meredith Sanders was found guilty of DUI. She appealed claiming that her Constitutional rights to due process and compulsory process were violated by the failure of Judge Diane Bessen of the Fulton County State Court to grant a […]
Read MoreCollins v State – Stipulated Bench Trials are for suckers
Collins v. State, A14A0304, Court of Appeals of Georgia, June 17, 2014. Camela Noelle Collins was found guilty of DUI Less Safe, DUI Per Se (having a blood or breath level over 0.08 grams within three hours of driving), and failure to maintain lane after a stipulated bench trial. The point of the stipulated bench […]
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