The Unintended Consequences of Lowering the DUI Legal Limit: A Closer Look
In the late 1990s, a significant shift occurred in the fight against drunk driving across the United States. States began to lower the legal blood alcohol concentration (BAC) limit for a per se DUI from 0.10% to 0.08%. This change, championed by many as a necessary step towards safer roads, was expected to lead to […]
Read MoreNavigating Georgia Marijuana DUI Arrests: Insights from George Creal
In light of the recent Wall Street Journal article published on February 5, 2024, titled “Marijuana Messes With Your Driving for Longer Than You Think: Weed affects you differently than alcohol, and it can be harder to figure out when it’s safe to drive,” the complexities surrounding marijuana use and driving have become a hot topic […]
Read MoreDui Refusal Has to Be More Probative Than Prejudicial
The case of “Randall v. State, S23A1118” decided on January 17, 2024, by the Supreme Court of Georgia, revolves around the suppression of evidence related to Antonio Rodrick Randall’s refusal to submit to a blood test following his DUI arrest. In an earlier decision, “State v. Randall, 315 Ga. 198, 880 S.E.2d 134 (2022)” (referred […]
Read MoreUsing tear gas and rubber bullets during peaceful protest is illegal
A Colorado Federal District Court ruled on June 5, 2020, that police use of tear gas and rubber bullets was illegal as an excessive force under the Fourth Amendment, the First Amendment as a violation of free speech as the First Amendment bars retaliation, and that protesters suffered irreparable harm. The Federal District Court held […]
Read MoreAre Atlanta Georgia Curfews Legal
The United State Supreme Court has yet to examine civil curfew laws. In Toyoshaburo Korematsu v. United States, 323 U.S. 214 (1944), the United States Supreme Court professed to apply “the most rigid scrutiny” to the internment of Japanese-Americans during World War II but nevertheless found the “assembling together and placing under guard all those of […]
Read MoreCan police use blood taken at a hospital against me in a DUI?
Can the police use my hospital records after a car accident for a DUI? The short answer is yes even though there are 25 reasons that they should not. In King v. State, 276 Ga. 126, 577 S.E.2d 764 (2003)(King II), the Georgia Supreme Court approved the use of search warrants as a means of obtaining […]
Read MoreNew Georgia protections to guard against eye witness misidentification in lineups and showups
O.C.G.A. 17-20-1, 17-20-2 and 17-20-3 went into effect on July 1st, 2016 to ensure fairer and more balanced procedures for eyewitness live lineups, photo lineups and show ups. These new procedures were created to help reduce wrongful convictions due to faulty eye witness identification in court. Memory is fabricated and not real. Recency has the potential to […]
Read MoreGeorgia DUI breath test Intoxilyzer 9000 gets an F
Alcohol Breath testing is the cornerstone of Georgia DUI law enforcement. A state administered breath test is really just a guess at the true blood alcohol level of a person. Accuracy is paramount in alcohol breath testing. The number one enemy of accuracy in alcohol breath testing is interference from mouth alcohol. The threat of […]
Read MoreCan a DUI keep your from traveling to Canada?
May 26, 2015. The Winona Daily News ran a story about issues surrounding traveling to Canada after a DUI conviction. Driving under the influence of alcohol is considered serious offense for immigration purposes in Canada and a border officer can refuse you entry into Canada if you have been convicted previously of a DUI. A little […]
Read More