Judges have broad discretion to impose jail sentences or probation
Judges in Georgia have broad discretion in imposing jail sentences subject to the maximum sentencing limitations of a particular statute and minimum sentencing limitations which are provided by statute and can be probated unless expressly prohibited from being suspended or probated by statute. The Georgia DUI Statute, O.C.G.A. Sec. 40-6-391, is such a statute as it […]
Read MoreUPS driver rear-ends Clayton County Commission Chair Eldrin Bell at Police DUI check point and is arrested for DUI.
An off duty UPS driver rear-end the Clayton County Commission Chair Eldrin Bell at a police DUI roadblock on December 17th, 2010. He was arrested for DUI and later blew under the 0.080 legal limit at a 0.071. Clayton County Police charged him with less safe DUI. This case highlights the popular misconception that if […]
Read MoreA fatal crash with trace of drugs in system can mean 15 years
In June 2003, an Athens County jury acquitted an Athens area woman of aggravated vehicular homicide in connection with a car crash that killed a Shade man. A blood test allegedly showed that Farah Holter had chemical byproducts of recent cocaine use in her system at the time of the crash. Her attorney, however, using […]
Read MoreIs a machine accurate when no one keeps the records?
Supreme Court: DUI test results should not have been suppressed COLUMBIA, S.C. The state Supreme Court says a lower court will have to review evidence of prejudice in the administration of a breath-test in a drunken-driving case. In a ruling released today, the high court says a trial judge erred in supressing the results of […]
Read MoreCan the Police tow my car even if I have someone available to take it as an excuse to search it?
No. The Georgia Court of Appeals has adopted the view that “`[w]hen the driver of a motor vehicle is arrested and a reliable friend is present, authorized and capable to remove an owner’s vehicle which is capable of being safely removed; 405 or where the arrestee expresses a preference as to towing service and designates […]
Read MoreWhat Georgia violations disqualify a CDL driver for one year
Any major traffic violation will make a Commercial Driver’s License holder loses his commercial privilege to drive for one year. “Major traffic violation” means a conviction of one of the following offenses anywhere and in any vehicle unless otherwise stated: Driving a vehicle under the influence of alcohol, drugs or any combination thereof in violation […]
Read MoreWhat DUI feels like
The Arrest Process – Through the Eyes of a “Lawbreaker” by Mike Russo Driving through Monroe at one time or another, we have all seen the Monroe Police Department in action. We have all been guilty of becoming mesmerized by the red, white, and blue lights flashing atop the police cruiser, and slow down to […]
Read MoreWhat if the human body could produce alcohol?
Endogenous or Auto Brewery Syndrome as a result of intestinal disorders Candidiasis is a yeast infection that plagues the intestine when good bacteria are killed as a result of the long-term use of antibiotics. Some candidiasis sufferers will feel, and appear to be, intoxicated. An unusual symptom of certain people with severe candidiasis is the […]
Read MoreSuggested Reading for the Georgia DUI Attorney
Georgia DUI Blood Alcohol Testing Issues for DUI Experts Anthony, R.M., Sutheimer, C.A., and Sunshine, I. Acetaldehyde, Methanol, and Ethanol Analysis by Headspace Gas-Chromatography. JAT 4: 43-45, 1980 Caplan, Y., and Levine, B. The Analysis of Ethanol in Serum, Blood, and Urine, A Comparison of the TDx REA Ethanol Analysis with Gas Chromatography. JAT10:49-52, 1986 […]
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