Understanding the Statute of Limitations
In the state of Georgia, the prosecution of misdemeanors must be commenced within two years after the commission of the crime. This includes cases involving driving under the influence (DUI). However, there are some nuances and complexities to this law that must be understood to represent clients effectively in DUI cases. The Statute of […]
Understanding the Horizontal Gaze Nystagmus Test in DUI Investigations.
As a Georgia DUI Attorney, I have encountered numerous cases where law enforcement officers have utilized the Horizontal Gaze Nystagmus (HGN) test to determine whether a driver is under the influence of alcohol or drugs. In this blog post, I will provide an in-depth explanation of the HGN test, its purpose, and its potential limitations. […]
Hung Juries: Analyzing Their Impact on the Legal System
Jury trials are a cornerstone of the American legal system, symbolizing fairness and justice. However, when a jury is “hung” or “deadlocked,” unable to reach a unanimous verdict, the result is a mistrial. This phenomenon not only disrupts the legal process but also raises questions about the effectiveness and efficiency of our judicial system. A […]
Blow Once, Twice, Three Times, My Lady… You Are Under Arrest.
DUI case: The State v. Youn Case Summary for DUI Attorney George Creal: The State v. Youn Background In the DUI case of The State v. Youn, the Court of Appeals of Georgia reversed a trial court decision that had granted Seung Youn’s motion to suppress one of his breath samples. Youn had been stopped […]
Georgia DUI Breath Testing’s Dirty Little Secret
Understanding Blood Breath Ratio Assumptions in DUI Breath Testing: Insights for Georgia Drivers When facing a DUI charge in Georgia, understanding the intricacies of breath testing technology and the legal assumptions underpinning it is crucial. Central to this is the concept of the blood breath ratio (BBR), which significantly affects the outcome of breathalyzer tests. […]
The DEA’s Move to Reclassify Marijuana: Implications for Atlanta Georgia DUI Cases
As a prominent Atlanta Georgia DUI lawyer, we are committed to staying abreast of the latest developments in the legal landscape that may affect our clients. Today, we’re discussing a significant announcement by the U.S. Department of Health and Human Services (HHS) recommending to the Drug Enforcement Administration (DEA) that marijuana be reclassified from a Schedule […]
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 […]
Navigating 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 […]
Dui 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 […]