Lab results and the right to confrontation
Drug and Alcohol Lab Results and the Constitutional Right to Confront Witnesses The Confrontation Clause, found in the Sixth Amendment of the U.S. Constitution, guarantees the right of a criminal defendant to confront witnesses against them. This has direct implications for lab results subpoenaed in DUI cases under both Georgia and Federal law. Here’s how […]
Top 12 things to do if you are a college student arrested for DUI
1. Keep Calm and Carry On (with Your Mouth Shut): Don’t panic! Panicking might make you look more guilty than a cat caught with the canary. Remember, arguing with someone who has a badge and a gun is like trying to debate a brick wall. Keep it cool, stay silent, and let your lawyer do […]
Guide to Lien Foreclosure on Vehicles Abandoned at Repair Shops
To obtain a title for a car abandoned at a car mechanic in Georgia, the process is governed by the Abandoned Motor Vehicle Act (O.C.G.A. §§ 40-11-11 et seq.), effective since September 1, 2019. This Act provides a streamlined procedure for towing firms, repair facilities, and salvage dealers to recover costs and dispose of unclaimed […]
Navigating Georgia’s DUI Laws: Understanding the 500-Foot Rule for Towing in Paid Parking Lots near bars and restaurants that serve alcohol
If you’re like many Georgians, you might enjoy an occasional evening out at a local bar or restaurant. However, a night of fun can sometimes lead to unintended legal issues, particularly when it comes to parking and potential towing. Here at George C. Creal Jr, PC, Trial Lawyers, we understand the complexities of DUI laws […]
Can evidence found after an illegal arrest be used against me in court?
Beck v. Ohio, 379 U.S. 89 (1964), is a pivotal U.S. Supreme Court case addressing the issue of evidence obtained through an arrest without probable cause: Facts: On November 10, 1961, William Beck was driving in Cleveland when police officers, acting on unspecified “information” and “reports” about his involvement in gambling, stopped him without an […]
When is a Georgia DUI Prosecution Commenced? Key Insights for 2024
The landscape of DUI law in Georgia has seen significant judicial discourse surrounding the commencement of prosecution, particularly with regards to Uniform Traffic Citations (UTC). The split in the Georgia Court of Appeals over this issue impacts how Georgia DUI lawyers approach these cases, especially in terms of statute of limitations and procedural timelines. Understanding […]
People vs Redmond – Does The Odor of Burnt Marijuana Justify a Vehicle Search?
The Impact of Illinois Supreme Court’s Decision in People v. Redmond on Georgia DUI Law Today, we delve into a significant legal ruling from the Illinois Supreme Court, The People of the State of Illinois v. Ryan Shavor Don Redmond (Docket No. 129201), filed on September 19, 2024, and explore its potential implications for Georgia […]
6 Major Reasons Why Diagnostic Hospital Blood Test For Alcohol Fall Short In a DUI Case
Why Hospital Blood Alcohol Tests Lack Forensic Reliability in DUI Cases When facing a DUI charge, the evidence often hinges on blood alcohol concentration (BAC) test results. However, it’s important to understand that not all BAC tests are created equal-particularly those conducted in hospital laboratories. While essential for medical treatment, hospital laboratory testing for alcohol […]
The Movement to Lower the DUI BAC Limit in the U.S
The Movement to Lower the DUI BAC Limit in the U.S. In late 2018, Utah became the first state in the United States to lower its drunk-driving limit from a blood-alcohol content (BAC) of .08 to .05. This bold move has sparked a significant debate and a movement across the country to adopt similar legislation. […]