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# Atlanta DUI Lawyer | DUI Attorney Atlanta | Georgia DUI

We Solve Georgia DUI Problems

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## Posts

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- [Waymo Trouble Means Waymo Arrest: Robotaxi Calls Police on Teens Drinking Alcohol – What Atlanta Parents Need to Know About Georgia Underage Drinking Laws](https://www.georgecreal.com/general/waymo-trouble-means-waymo-arrest/) - In early July 2026 (reports surfaced around July 8-10), a Waymo robotaxi (Google's self-driving car service) in San Mateo, California, remotely stopped itself and called police on two 15-year-old passengers. What Happened The two teens were allegedly on a joyride in the driverless vehicle. They were drinking alcohol and firing a toy gun (an Orbeez/water-bead-style
- [Georgia Court of Appeals Reverses DUI Convictions in McDavid v. State: A Major Win for Defendants on Unlawful Detention Issues](https://www.georgecreal.com/general/georgia-court-of-appeals-reverses-dui-convictions-in-mcdavid-v-state/) - On July 2, 2026, the Georgia Court of Appeals issued an important decision in McDavid v. The State (A26A0355). The court reversed McDavid's convictions for DUI per se, DUI less safe, and failure to maintain lane/improper lane change. The reversal came after the trial court improperly denied his motion to suppress evidence obtained following a
- [Georgia Court of Appeals Dismisses Atlanta DUI Charge Over Vague Citation and Missed Deadline: Major Win for Defendants in Fulton County](https://www.georgecreal.com/general/georgia-court-of-appeals-dismisses-atlanta-dui-charge-over-vague-citation-and-missed-deadline/) - In a significant ruling issued today, the Georgia Court of Appeals affirmed the dismissal of a DUI less safe charge in State v. Morris (A26A0641). The decision underscores critical protections for defendants facing DUI accusations in Fulton County and Atlanta - particularly when initial charging documents are vague or prosecutors delay filing proper accusations. As
- [ETG Testing for Alcohol on Probation: What Cobb County DUI Defendants Need to Know](https://www.georgecreal.com/general/etg-testing-for-alcohol-on-probation/) - If you're on probation in Cobb County after a DUI conviction, understanding ETG testing (also called ethyl glucuronide testing) is critical. Many clients come to me surprised when a random urine screen detects alcohol days after they last drank. ETG testing is one of the most common tools probation officers use in Georgia to enforce
- [The HGN Trap: How Police SOPs Often Force Arrests in Gwinnett County DUI Cases — Even When Common Sense and the Other Field Sobriety Tests Say “Not Impaired”](https://www.georgecreal.com/general/the-hgn-trap-how-police-sops-often-force-arrests-in-gwinnett-county/) - As a Gwinnett County DUI lawyer who has handled hundreds of DUI cases across Gwinnett, Lawrenceville, Suwanee, Duluth, and Loganville, I see the same troubling pattern over and over again. A driver is pulled over. The officer runs the three standardized field sobriety tests (SFSTs) approved by the National Highway Traffic Safety Administration (NHTSA). The
- [Illinois Lab Error Drops Fatal Marijuana DUI Charges — Why Your Georgia DUI Lawyer Must Truly Understand Blood Testing Science](https://www.georgecreal.com/general/illinois-lab-error-drops-fatal-marijuana-dui-charges/) - In a case that should concern every driver facing DUI charges involving blood tests, Lake County, Illinois prosecutors recently dismissed aggravated DUI and reckless homicide charges against Derek Drake. The reason? Scientifically unreliable evidence from the University of Illinois Chicago's (UIC) Analytical Forensic Testing Laboratory. The case involved a tragic May 2023 crash in which
- [Georgia’s “State Secret” Breathalyzer: Why the Intox 9000 Source Code Remains Hidden While Minnesota Fights for Transparency](https://www.georgecreal.com/general/georgias-state-secret-breathalyzer/) - As a Georgia DUI defense attorney with decades of experience fighting for clients accused based on breath-test results, I read every new study and legal analysis that touches on the reliability of the machines prosecutors rely on most. A recent scholarly article in Forensic Science International: Reports (available via ScienceDirect) shines a bright and uncomfortable
- [Fulton County Solicitor to Retry DUI Case After Atlanta News First Investigation: What Atlanta Drivers Need to Know](https://www.georgecreal.com/general/nfulton-county-solicitor-to-retry-dui-case-after-atlanta-news/) - As an experienced Atlanta DUI lawyer, I've seen firsthand how quickly a night out in Atlanta can turn into a serious legal nightmare. A recent Atlanta News First investigation highlights exactly why every detail matters in DUI cases - and why having the right defense attorney from day one can make all the difference. The
- [New Research Challenges Standard DUI Alcohol Testing Assumptions: What Georgia Drivers Need to Know](https://www.georgecreal.com/general/new-research-challenges-standard-dui-alcohol-testing-assumptions/) - If you've been arrested for DUI in Cobb County or anywhere in Metro Atlanta, you already know how heavily the state relies on blood alcohol concentration (BAC) results from breathalyzers or blood tests. Prosecutors and their toxicologists often use these numbers to argue you were over the legal limit at the exact moment you were
- [Ghost Chemists in Georgia DUI Cases: Why the U.S. Supreme Court Doesn’t Believe in Ghosts](https://www.georgecreal.com/general/ghost-chemists-in-georgia-dui-cases/) - If you've been charged with DUI in Cobb County or anywhere in Georgia, there's a good chance the State's case rests on a blood or breath test result from the Georgia Bureau of Investigation (GBI) crime lab. But what happens when the forensic toxicologist - the actual chemist who tested your sample and signed the
- [DUI Quotas in Disguise: How “Performance Objectives,” “DUI Contacts,” and GOHS HEAT Grants Are Impacting Drivers Arrested for DUI in Georgia](https://www.georgecreal.com/general/dui-quotas-in-disguise-how-performance-objectives/) - A recent ABC News investigative report highlighted a lawsuit out of Phoenix, Arizona, in which a woman claims she was pulled over and handcuffed for no legitimate reason - all because of what she alleges is a hidden DUI quota system. The Phoenix Police Department denies using quotas, but the story has sparked nationwide conversation
- [The Mystifying Syndrome That Makes People Spontaneously Drunk – And Why Georgia DUI Defendants Need to Know About It](https://www.georgecreal.com/general/the-mystifying-syndrome-that-makes-people-spontaneously-drunk/) - As an Atlanta DUI lawyer who has defended hundreds of clients facing serious drunk-driving charges, I've learned that not every positive breathalyzer result tells the full story. Sometimes the explanation is far more surprising than anyone expects. A powerful new story in The New York Times shines a light on one of the rarest and
- [PIT for Pay Scandal Explodes: Four Georgia State Patrol Troopers Fired — Story Now Covered by Multiple Major Georgia News Outlets](https://www.georgecreal.com/general/pit-for-pay-scandal-explodes-four-georgia-state-patrol-troopers-fired/) - Pay" scandal has been picked up by WSB-TV Atlanta (Channel 2), FOX5 Atlanta, WJCL 22 News (Savannah), WSAV 3, The Georgia Virtue, Yahoo News, and others. The rapid statewide media coverage highlights how seriously Georgians are taking allegations that sworn law enforcement officers turned police pursuits into personal profit. According to the Georgia Department of
- [United States v. Heppner: A Landmark Ruling on AI and Attorney-Client Privilege – What Every DUI Law Firm (DUI and Criminal Defendant) Needs to Know - the new jail recorded phone call](https://www.georgecreal.com/general/a-landmark-ruling-on-ai-and-attorney-client-privilege/) - At George C. Creal Jr., P.C., Trial Lawyers, we have long embraced technology to deliver smarter, faster, and more effective representation for our clients in Cobb County and throughout Georgia. From advanced case-management systems to research tools that help us fight DUI charges, we stay ahead of the curve. But a recent federal court decision
- [Georgia State Bar Releases Generative AI Toolkit: Essential Guidance for DUI Lawyers in Georgia](https://www.georgecreal.com/general/georgia-state-bar-releases-generative-ai-toolkit/) - At George C. Creal, Jr., P.C. Trial Lawyers, we are always looking for ways to deliver faster, smarter, and more effective DUI defense while never compromising the highest ethical standards. That's why the State Bar of Georgia's new Generative AI Toolkit (last updated February 20, 2026) is such important reading for every Georgia DUI attorney.
- [Cherokee County DUI Lawyers: Georgia Senate Bill 482: A Step Forward in Protecting Against Mugshot Exploitation](https://www.georgecreal.com/general/cherokee-county-dui-lawyers-georgia-senate-bill-482/) - As Cherokee DUI attorneys at George C. Creal, Jr., P.C., we frequently see the long-lasting impact an arrest can have on our clients' lives-even when charges are dropped or they're found not guilty. One particularly damaging aspect is the online publication of mugshots by so-called "mugshot mills," websites that post booking photos and then charge
- [Supporting HB 496: Safeguarding Georgians' Fourth Amendment Rights in the Era of Legal Hemp](https://www.georgecreal.com/general/safeguarding-georgians-fourth-amendment-rights-in-the-era-of-legal-hemp/) - As a Georgia marijuana lawyer with over 25 years of experience at George C. Creal, Jr., P.C., I've dedicated my career to defending the rights of individuals facing charges related to cannabis possession, DUI, and other drug-related offenses. In a state where attitudes toward cannabis are evolving-thanks to medical marijuana programs and the legalization of
- [Supreme Court's Tariff Decision: Implications for Georgia DUI Law and Judicial Emergency Powers](https://www.georgecreal.com/general/implications-for-georgia-dui-law-and-judicial-emergency-powers/) - As a Georgia DUI lawyer with over 30 years of experience fighting for clients in Atlanta and beyond, I've always kept a close eye on Supreme Court decisions that could reshape how we challenge overreaches in government power. The recent U.S. Supreme Court ruling in American Institute for International Steel, Inc. v. United States (No.
- [The Power of One: How Jury Selection Can Turn the Tide in Cobb DUI Cases](https://www.georgecreal.com/general/how-jury-selection-can-turn-the-tide-in-cobb-dui-cases/) - In the high-stakes world of DUI defense, where a single arrest can upend your life, career, and freedom, the courtroom becomes a battlefield. But amid the evidence, arguments, and legal maneuvers, one often-overlooked element holds immense sway: the jury. At George C. Creal, Jr., P.C., Trial Lawyers, we've seen firsthand how "the power of one"
- [Proposed Georgia Craft Brewery Bill: Athens DUI Lawyers claim Boosting Local Beer Sales Promote Mindful Consumption and lessens binge drinking](https://www.georgecreal.com/general/proposed-georgia-craft-brewery-bill/) - At George C. Creal, Jr., P.C. Trial Lawyers, we're deeply invested in Georgia's alcohol landscape-not just as Athens' premier DUI defense firm, but as advocates for safe, responsible enjoyment. With over 25 years defending clients in DUI cases, we've seen how alcohol policies shape behaviors on the road. Senate Bill 456 (SB 456), backed by
- [Navigating Georgia Administrative DUI License Suspension: Appeal or Ignition Interlock? Expert Insights from George Creal](https://www.georgecreal.com/general/navigating-georgia-dui-license-suspension/) - As a seasoned Georgia DUI attorney at George C. Creal, Jr., P.C., Trial Lawyers, I've helped countless clients navigate the complex aftermath of a DUI arrest in Georgia. One of the most critical aspects is dealing with the Administrative License Suspension (ALS) triggered by a refusal or failure of a chemical test. Understanding your options
- [Guide to Lien Foreclosure on Vehicles Abandoned at Repair Shops](https://www.georgecreal.com/general/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
- [Gwinnett DUI Lawyer Explains the Intoxilyzer 9000: What You Need to Know If You Were Arrested for DUI](https://www.georgecreal.com/general/gwinnett-dui-lawyer-explains-the-intoxilyzer-9000/) - Arrested for DUI in Gwinnett? Learn how the Intoxilyzer 9000 works, the common mistakes officers make, and how an experienced DUI lawyer can challenge your breath test results.
- [Test Post (admin)](https://www.georgecreal.com/general/test-post-admin/) - Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into
- [DUI Case Update: Tatum v. State](https://www.georgecreal.com/general/dui-case-update-tatum-v-state/) - Supreme Court of Georgia considers whether the independent source doctrine allows the admission of cell-phone evidence obtained via a search warrant, without considering if the decision to seek the warrant was prompted by an earlier warrantless search of the same cell-phone. Tatum v. State, S230955, Supreme Court of Georgia, June 11, 2024 Background and Case
- [Dui Refusal Has to Be More Probative Than Prejudicial](https://www.georgecreal.com/general/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
- [Mailing Less Than an Ounce of Marijuana: A Risky Move That Could Land You in Federal Hot Water](https://www.georgecreal.com/general/mailing-less-than-an-ounce-of-marijuana/) - As a Georgia attorney with over 30 years of experience defending clients in DUI and drug-related cases, I've seen firsthand how evolving marijuana laws can create confusion-and dangerous assumptions. With recreational marijuana legal in many states but still prohibited in Georgia, one common question I get is: "Can I mail a small amount of weed
- [The Foundation of Science in DUI Cases: Humility Over Arrogance in Breath and Blood Testing](https://www.georgecreal.com/general/the-foundation-of-science-in-dui-cases/) - As a Hall County DUI lawyer with over 31 years of experience defending clients in Georgia, I've seen firsthand how the "science" of DUI testing is often presented as ironclad evidence in court. But as the quote goes, "The foundation of science is the humility to learn, not the arrogance of expertise." This wisdom reminds
- [The Reopening of the Alpharetta Detention Center: A New Era for Local Justice and Public Safety](https://www.georgecreal.com/general/the-reopening-of-the-alpharetta-detention-center/) - As an experienced DUI lawyer serving Alpharetta and the surrounding North Fulton communities, I've seen firsthand how the local justice system impacts those facing misdemeanor charges, including DUI arrests. The recent reopening of the Alpharetta Detention Center marks a significant shift in how our city handles detentions, and it's a development worth discussing for anyone
- [Revolutionizing DUI Trials: How AI is Transforming Jury Selection](https://www.georgecreal.com/general/revolutionizing-dui-trials/) - As a seasoned DUI lawyer serving the Suwanee area, I've seen firsthand how the right jury can make or break a case. I'm George Creal, and in my over two decades of practice, I've handled countless DUI trials where outcomes hinged not just on evidence or arguments, but on who sits in the jury box.
- [Allen v State tipsters must give more information than Dodge Charger for police stop](https://www.georgecreal.com/cases_of_note/allen-v-state-tipsters-must-give-more-information-than-dodge-charger-for-police-stop/) - Allen v. State, A13A1051, November 22, 2013. The Court of Appeals reversed the denial of Deondrez Allen's motion to suppress the marijuana found in her Dodge Charger. A be on the lookout or BOLO was given for a Silver Dodge Charger that was involved in several armed robberies over days in unincorporated Fulton County on
- [Mastering Jury Selection: Using Scaled Questioning in Georgia DUI Trials](https://www.georgecreal.com/general/using-scaled-questioning-in-georgia-dui-trials/) - At George C. Creal, Jr., P.C. Trial Lawyers, we specialize in defending clients facing DUI charges in Henry County and throughout Georgia. With over 31 years of experience, our team knows that a successful DUI defense often begins before the trial even starts-during jury selection, or voir dire. In Georgia DUI cases, where emotions run
- [Emerging Tech to Combat Drunk Driving: Promise vs. Pitfalls in Georgia](https://www.georgecreal.com/general/emerging-tech-to-combat-drunk-driving/) - At George C. Creal, Jr., P.C. Trial Lawyers, we've been defending clients against DUI charges in Smyrna and across Georgia for over 31 years. As experienced Smyrna DUI lawyers, we stay ahead of evolving laws and technologies that impact drunk driving enforcement. A recent Wall Street Journal article by Ryan Felton, titled "This Tech Could
- [Can Chewing Gum Really Skew Your Intoxilyzer 9000 Breath Test in a Gwinnett County DUI Case?](https://www.georgecreal.com/general/can-chewing-gum-really-skew-your-intoxilyzer-9000-breath-test-in-a-gwinnett/) - If you've ever been pulled over in Gwinnett County for suspected DUI, you know the drill: field sobriety tests, questions about your night, and often, a request to blow into a breathalyzer. In Georgia, the Intoxilyzer 9000 is the go-to device for measuring blood alcohol concentration (BAC) after arrest at the jail or the police
- [Microbes in Blood Samples: The Overlooked Threat in Georgia DUI Blood Tests](https://www.georgecreal.com/general/microbes-in-blood-samples-the-overlooked-threat-in-georgia-dui-blood-tests/) - As a dedicated Gwinnett County DUI lawyer with over 25 years of experience defending clients in the Atlanta area, I've seen how seemingly ironclad evidence like blood alcohol test results can crumble under scrutiny. One of the most underappreciated vulnerabilities in these tests is microbial contamination-specifically, from ethanol-producing bacteria and yeasts that can skew results
- [Uncovering the Hidden Layers: Axon Evidence.com Police Bodycam Audit Trails and Their Role in DUI Defense](https://www.georgecreal.com/general/uncovering-the-hidden-layers/) - As a dedicated Smyrna DUI lawyer, I've seen firsthand how body-worn camera (BWC) footage can make or break a case. In DUI arrests, police bodycams often capture critical moments-from the initial stop to field sobriety tests and breathalyzer administration. But what many don't realize is that the video itself is just the surface. Beneath it
- [Ignorantia legis neminem excusat – except for the Police](https://www.georgecreal.com/cases_of_note/ignorantia-legis-neminem-excusat-except-for-the-police/) - Nicholas B. Heien v. North Carolina, No. 13-604, Supreme Court of the United States (December 14, 2014). The U.S. Supreme Court held that a reasonable mistake of law by police in the required number of working tail lights on an automobile in the context of investigatory detention and search can be reasonable suspicion of a
- [Understanding Speedy Trial Rights in Georgia DUI Cases: Statutory vs. Constitutional Demands](https://www.georgecreal.com/general/understanding-speedy-trial-rights-in-georgia-dui-cases/) - As a dedicated Cumming DUI lawyer at George C. Creal, Jr., P.C., Trial Lawyers, I've handled hundreds of DUI cases in Forsyth County and across North Georgia. One of the most critical aspects of defending against DUI charges is ensuring your rights are protected, including your right to a speedy trial. In Georgia, this right
- [Exposing the Fraud: Raw Data from NHTSA's HGN Robustness Study Reveals "Fake Science" in DUI Field Tests](https://www.georgecreal.com/general/exposing-the-fraud-raw-data-from-nhtsas-hgn/) - As an experienced DUI lawyer in Alpharetta and throughout Georgia, I've spent years challenging the so-called "science" behind field sobriety tests in court. One of the most commonly used-and misused-tools in DUI arrests is the Horizontal Gaze Nystagmus (HGN) test. Officers claim it can detect alcohol impairment with high accuracy, but a deep dive into
- [Understanding Homeowner Gun Rights in Georgia: Defending Your Home and Property With a Firearm Under OCGA 16-3-23 and 16-3-24](https://www.georgecreal.com/general/understanding-homeowner-gun-rights-in-georgia/) - As a Georgia gun lawyer with years of experience defending clients in self-defense and firearms-related cases, I've seen firsthand how complex these situations can be. Homeowners have the right to protect their homes, lives, and property, but the law draws clear lines on when and how force can be used. Today, I want to break
- [What is an arraignment?](https://www.georgecreal.com/general/what-is-an-arraignment/) - What is an Arraignment Date? An arraignment is a court hearing where the defendant is formally advised of the charges against them and enters a plea. The arraignment is the first time that the defendant will appear in court, and it is an important opportunity to learn about your rights and options. What Happens at
- [Georgia Supreme Court’s Anyane v. State Ruling: A Deep Dive into DUI Implied Consent Challenges](https://www.georgecreal.com/general/a-deep-dive-into-dui-implied-consent-challenges/) - On March 4, 2025, the Georgia Supreme Court handed down its decision in Anyane v. State, a DUI appeal that tested the constitutionality of Georgia's implied consent law. For drivers facing DUI charges, this ruling clarifies the legal landscape-and highlights why expert defense is critical. Let's break down what happened, what the Court said, and
- [The Hierarchy of Evidence in Scientific Studies: Essential Knowledge for Georgia DUI Defense](https://www.georgecreal.com/general/the-hierarchy-of-evidence-in-scientific-studies-essential-knowledge-for-georgia-dui-defense/) - As experienced Georgia DUI lawyers at George C. Creal, Jr., P.C. Trial Lawyers, we know that scientific evidence often plays a pivotal role in DUI cases. From breathalyzer results to field sobriety tests and blood alcohol concentration (BAC) analyses, the prosecution frequently relies on "scientific" claims to build their case. But not all science is
- [DUI Arrest of Sober College Football Player Highlights Flaws in Field Sobriety Tests](https://www.georgecreal.com/general/dui-arrest-of-sober-college-football/) - A recent incident covered by WSB TV in Rome, Georgia, has once again spotlighted the unreliability of field sobriety tests (FSTs) for detecting drug impairment, leaving an innocent young man facing life-altering consequences. As a seasoned Georgia DUI attorney specializing in drug-related cases, I've seen firsthand how these subjective tests can lead to wrongful arrests,
- [Georgia Court Clarifies Fog Line Rules in Traffic Stops: Key Takeaways from Chapman v. State (2023)](https://www.georgecreal.com/general/georgia-court-clarifies-fog-line-rules-in-traffic-stops/) - As a seasoned Coweta DUI lawyer with over 25 years of experience defending clients in traffic and criminal cases, I've seen countless motions to suppress evidence from questionable stops. The recent Georgia Court of Appeals decision in Chapman v. State (368 Ga. App. 682, 890 Se.E.2d 313, A23A0234, decided June 27, 2023) is a must-know
- [Georgia DUI Lawyer George Creal Analyzes Miller v. The State: Key Evidence Issues in Probation Revocation](https://www.georgecreal.com/general/georgia-dui-lawyer-george-creal-analyzes-miller-v-the-state-key-evidence-issues-in-probation-revocation/) - Georgia DUI Lawyer George Creal breaks down Miller v. The State (912 S.E.2d 733, 2025), a pivotal Georgia Court of Appeals case on evidence in probation revocation. Learn its impact on DUI defense in Augusta and beyond.
- [The Crisis of Forensic Independence: When Scientists Face Retaliation for Asking Uncomfortable Questions](https://www.georgecreal.com/general/the-crisis-of-forensic-independence/) - As an experienced Atlanta DUI lawyer, I've spent years challenging forensic evidence in courtrooms across Georgia. From breathalyzer results to blood toxicology reports, the science behind DUI prosecutions often appears ironclad-until you dig deeper. But what happens when the scientists themselves question the system's flaws? A recent editorial in Forensic Science International: Synergy by Aaron
- [Breaking News: Georgia Department of Agriculture's Declaratory Ruling on Hemp Pre-Rolls Undermines Probable Cause for Cannabis Odor Searches](https://www.georgecreal.com/general/breaking-news-georgia-department-of-agricultures-declaratory-ruling/) - As a seasoned Georgia marijuana lawyer with over 25 years of experience defending clients against DUI, drug possession, and related charges, I've seen firsthand how the evolving landscape of cannabis laws can dramatically impact Fourth Amendment rights. Today, I'm excited to dive deep into a game-changing development: the Georgia Department of Agriculture's (GDA) Declaratory Ruling
- [Variables in Breath Tests: Understanding Machine and Human Factors in Georgia DUI Cases](https://www.georgecreal.com/general/variables-in-breath-tests-understanding-machine-and-human-factors-in-georgia-dui-cases/) - As Atlanta DUI lawyers at George C. Creal, Jr., P.C., Trial Lawyers, we often see cases where breath test results are presented as ironclad evidence of intoxication. However, these results are estimates, not absolute truths, and are subject to numerous variables that can impact their accuracy. In this post, we'll explore the key variables affecting
- [The Power of Informed Voting: A Message from George C. Creal, Jr., P.C. Ahead of Georgia's November 4, 2025 Election](https://www.georgecreal.com/general/the-power-of-informed-voting-in-atlanta-georgia/) - As Georgia DUI attorneys at George C. Creal, Jr., P.C., we spend our days navigating the complexities of the legal system, fighting for our clients' rights in cases involving traffic violations, DUIs, and more. With the November 4, 2025 election just around the corner, we're reminded of how crucial civic participation is-not just in the
- [Navigating DUI Courts in the Metro Atlanta Area: What They Are and How They Work](https://www.georgecreal.com/general/navigating-dui-courts-in-the-metro-atlanta-area/) - If you've been charged with a DUI in the metro Atlanta area, you may have heard about DUI courts as an option during your case. These specialized programs offer an alternative path focused on rehabilitation rather than solely punishment. At George C. Creal, Jr., P.C. Trial Lawyers, we specialize in DUI defense and have helped
- [Clearing Your Record in Georgia: Understanding O.C.G.A. § 35-3-37 Record Restriction and Expungement and Retroactive First Offender O.C.G.A. § 42-8-66](https://www.georgecreal.com/general/understanding-record-restriction-and-expungement/) - If you've ever been arrested or convicted in Georgia, you know that a criminal record can follow you long after your case is closed-impacting job opportunities, housing, and even your reputation. Fortunately, Georgia law offers tools to help you take control of your past and move forward. Two key statutes, O.C.G.A. § 35-3-37 and O.C.G.A.
- [Georgia Supreme Court Overturns Key Election Rules: A Win for Constitutional Limits on Agency Power – And Potential Ripple Effects on Judicial Emergency Powers](https://www.georgecreal.com/general/sgeorgia-supreme-court-overturns-key-election-rules/) - As a Georgia DUI and constitutional lawyer, I often navigate cases where government actions-whether from executive agencies, the legislature, or the judiciary-test the boundaries of individual rights, due process, and separation of powers. The Georgia Supreme Court's recent decision in Republican National Committee et al. v. Eternal Vigilance Action, Inc. et al. (917 S.E.2d 125,
- [Supreme Court Tackles Warrantless Searches Home Entries: A Deep Dive into Case v. Montana](https://www.georgecreal.com/general/supreme-court-tackles-warrantless-searches-home-entries/) - As a criminal defense attorney practicing in Georgia for over two decades, I've seen firsthand how the Fourth Amendment's protections against unreasonable searches and seizures can make or break a case. Today, the U.S. Supreme Court is hearing oral arguments in William Trevor Case, Petitioner v. Montana (Docket No. 24-624), a case that could reshape
- [Georgia Court of Appeals Rules on Field Sobriety Tests in DeKalb County DUI Cases](https://www.georgecreal.com/general/georgia-court-of-appeals-rules-on-field-sobriety-tests-in-dekalb-county-dui-cases/) - As a seasoned DeKalb DUI lawyer with over 25 years of experience defending clients in DeKalb County and across Georgia, I've seen countless cases where field sobriety tests (FSTs) play a pivotal role in DUI arrests and prosecutions. The recent decision in The State v. Chambers (A25A1301), handed down by the Georgia Court of Appeals
- [Understanding Probation Revocation Proceedings in Georgia: A Guide for Those Facing Charges](https://www.georgecreal.com/general/understanding-probation-revocation-proceedings-in-georgia-a-guide-for-those-facing-charges/) - If you're on probation in Georgia, whether for a DUI, misdemeanor, or ordinance violation, the stakes are high. Violating the terms of your probation can lead to a revocation proceeding, where a judge decides whether to modify, extend, or even revoke your probation-potentially sending you to jail. As a seasoned Cobb County DUI and criminal
- [Understanding the Rule of Lenity in Georgia Criminal Law: Protecting Defendants from Ambiguous Statutes](https://www.georgecreal.com/general/understanding-the-rule-of-lenity-in-georgia-criminal-law/) - As a criminal defense attorney in Georgia with over 30 years of experience fighting for the rights of the accused, I've seen firsthand how statutory ambiguities can lead to unfair punishments. One of the most powerful tools in a defense lawyer's arsenal is the rule of lenity-a longstanding principle of statutory interpretation that ensures fairness
- [Search and Seizure Essentials: Rodriguez v. United States and Prolonged Detentions in Traffic Stops](https://www.georgecreal.com/general/search-and-seizure-essentials/) - Welcome back to Search and Seizure Essentials where we break down key U.S. Supreme Court decisions on search and seizure law and explore how they play out in Georgia courts-especially in DUI cases. As a Georgia DUI lawyer with over 31 years of experience fighting traffic stops and suppressing evidence, I see these principles in action
- [Understanding Cultural Codes in DUI Jury Trials Insights from Clotaire Rapaille The Culture Code by Smyrna DUI Lawyer George Creal](https://www.georgecreal.com/general/understanding-cultural-codes-in-dui-jury-trials-insights-from-clotaire-rapaille/) - As a seasoned Smyrna DUI trial lawyer with over 30 years of experience defending clients in Georgia courts, I've learned that winning a case isn't just about the law-it's about people. Juries, judges, prosecutors, and even defendants are influenced by deep-seated cultural forces that shape their perceptions and decisions. That's where Clotaire Rapaille's groundbreaking book,
- [Mastering the Courtroom: How Sandy Springs DUI Lawyer George Creal Uses Storytelling and Joseph Campbell's Hero's Journey to Defend DUI Cases in Georgia](https://www.georgecreal.com/general/mastering-the-courtroom-how-sandy-springs-dui-lawyer-george-creal-uses-storytelling/) - In the high-stakes world of DUI defense, where lives, livelihoods, and freedoms hang in the balance, the courtroom isn't just a battleground of facts and evidence-it's a stage for compelling narratives. Sandy Springs DUI lawyer George C. Creal, Jr., with over 25 years of trial experience, understands this better than most. As the founder of
- [Lessons from the DUI Arrest of Southwest Pilot David Allsop: Field Sobriety Errors, Implied Consent Missteps, and Questions on Investigative Detention](https://www.georgecreal.com/general/lessons-from-the-dui-arrest-of-southwest-pilot-david-allsop/) - Drawing from the bodycam transcript of the arrest, let's break down the key legal flaws: errors in administering FSTs per National Highway Traffic Safety Administration (NHTSA) standards, a misreading of Georgia's implied consent law, and potential problems with the investigative detention itself. If you're facing a similar situation-whether as a pilot, commercial driver, or everyday
- [How Gwinnett County DUI Lawyer George Creal Applies the Principles of Effortless Mastery to Successfully Defending DUI Cases and Trying Them to Juries in Georgia](https://www.georgecreal.com/general/how-gwinnett-county-dui-lawyer-george-creal-applies-the-principles-of-effortless/) - In the high-stakes world of DUI defense, where lives, livelihoods, and freedoms hang in the balance, success isn't just about legal knowledge or courtroom theatrics-it's about achieving a state of flow, where preparation meets intuition, and performance becomes effortless. George C. Creal Jr., a seasoned Gwinnett County DUI lawyer with over 32 years of experience
- [How to Remove Your Mugshot from Online Websites in Georgia: Understanding O.C.G.A. § 10-1-393.5](https://www.georgecreal.com/general/how-to-remove-your-mugshot-from-online-websites-in-georgia/) - In today's digital age, an arrest can have lasting consequences beyond the courtroom. One of the most frustrating issues for many individuals is the persistence of their mugshot-or arrest booking photograph-on commercial websites long after the case has been resolved. These images, often accompanied by your name, arrest date, and birth date, can damage your
- [Georgia’s New THC Law: What’s Legal, What’s Not, and How It Could Land You in Hot Water](https://www.georgecreal.com/general/whats-legal-whats-not-and-how-it-could-land-you-in-hot-water/) - If you're in Atlanta and you've been popping into hemp shops for gummies or CBD tinctures, you might've noticed some changes lately. That's because Georgia's latest hemp law-Senate Bill 494 (SB 494), signed by Governor Brian Kemp on April 30, 2024, and effective as of October 1, 2024-has shaken up the THC landscape. At George
- [Understanding Procedural and Substantive Double Jeopardy (you can’t be tried twice or punished twice for the same crime) in Georgia DUI Cases: Statutory vs. Constitutional](https://www.georgecreal.com/general/understanding-procedural-and-substantive-double-jeopardy/) - As an experienced DUI attorney practicing in Gwinnett County and across metro Atlanta for over 31 years, I've helped countless clients navigate the complexities of DUI charges. One area that often confuses people is double jeopardy (you can't be tried twice or punished twice for the same crime)-specifically, the differences between its constitutional and statutory
- [Why the NHTSA One Leg Stand Test is Designed for Failure: A Deep Dive into Balance, Alcohol, and DUI Defenses](https://www.georgecreal.com/general/why-the-nhtsa-one-leg-stand-test-is-designed-for-failure/) - As a Gwinnett County DUI lawyer with over 25 years of experience defending clients in Lawrenceville, Duluth, and surrounding areas, I've seen firsthand how field sobriety tests (FSTs) like the One Leg Stand (OLS) can make or break a DUI case. Administered by officers under guidelines from the National Highway Traffic Safety Administration (NHTSA), the
- [Georgia Court of Appeals Upholds New Trial in DUI Case: Key Lessons from State v. Smith](https://www.georgecreal.com/general/georgia-court-of-appeals-upholds-new-trial-in-dui-case-key-lessons-from-state-v-smith/) - At George C. Creal, Jr., P.C., Trial Lawyers, we pride ourselves on staying ahead of the curve in DUI defense strategies across Georgia. A recent decision by the Georgia Court of Appeals in The State v. Smith, 914 S.E.2d 546 (2025), decided on March 25, 2025, underscores the importance of challenging prosecutorial errors and weighing
- [Understanding Toxicologist Testimony in DUI Cases: Guidelines and Defense Strategies](https://www.georgecreal.com/general/understanding-toxicologist-testimony-in-dui-cases-guidelines-and-defense-strategies/) - As a seasoned Gwinnett County DUI lawyer with over 25 years of experience defending clients against drunk driving charges, I've seen firsthand how expert witnesses like forensic toxicologists can make or break a case. In DUI prosecutions, toxicologists often testify about blood alcohol concentration (BAC), drug levels, and their potential effects on impairment. But did
- [Understanding the Spackman Decision: A Game-Changer for DUI Defense in Georgia](https://www.georgecreal.com/general/understanding-the-spackman-decision-a-game-changer-for-dui-defense-in-georgia/) - At the law office of George C. Creal, Jr., P.C., Trial Lawyers, we are committed to staying at the forefront of legal developments to provide our clients with the strongest possible defense against DUI and traffic-related charges. A recent landmark decision by the Georgia Court of Appeals, Spackman v. The State (A25A0235, decided July 1,
- [Navigating Georgia's New Legal Landscape: An In-Depth Analysis of 2025 Laws Affecting Your Rights](https://www.georgecreal.com/general/navigating-georgias-new-legal-landscape-an-in-depth-analysis-of-2025-laws-affecting-your-rights/) - On July 1, 2025, a comprehensive suite of new laws enacted by the Georgia General Assembly took effect, marking one of the most significant shifts in the state's legal landscape in recent memory. These are not minor administrative adjustments; they are substantial reforms that will fundamentally alter the rights, risks, and strategic considerations for any
- [Atlanta DUI Lawyer George Creal on Jennis v. The State – A Significant Victory for Speedy Trial Rights](https://www.georgecreal.com/general/atlanta-dui-lawyer-george-creal-on-jennis-v-the-state-a-significant-victory-for-speedy-trial-rights/) - At the Law Office of George C. Creal, Jr., P.C., we are committed to defending the rights of individuals facing DUI and other criminal charges in Atlanta and throughout Georgia. A recent Court of Appeals decision, Jennis v. The State (A25A0388, decided June 17, 2025), underscores the importance of protecting a defendant's statutory right to a speedy trial.
- [Georgia’s Survivor Justice Act (HB 582): A New Era for Survivors of Domestic Violence and Child Abuse](https://www.georgecreal.com/general/georgias-survivor-justice-act-hb-582-a-new-era-for-survivors-of-domestic-violence-and-child-abuse/) - On July 1, 2025, Georgia's Survivor Justice Act (House Bill 582) takes effect, marking a transformative step toward justice for survivors of domestic violence and child abuse. This groundbreaking legislation, codified in amendments to O.C.G.A. §§ 16-3-21, 16-5-1, 17-10-1, and 17-10-22, aims to prevent survivors from being unfairly convicted or harshly sentenced for actions taken
- [State v. Hernandez – You need the right strategy for your Henry County DUI case](https://www.georgecreal.com/general/you-need-the-right-strategy-for-your-henry-county-dui-case/) - On June 18, 2025, the Georgia Court of Appeals delivered a pivotal ruling in State v. Hernandez (A25A0558), overturning a trial court's decision to suppress blood test results in a DUI case due to a language barrier. This decision has significant implications for DUI defense in Henry County, particularly in cases where law enforcement relies
- [Understanding the Particularity Requirement in Georgia DUI Blood Warrants: Does a Warrant for Blood Draw Include Testing for Alcohol?](https://www.georgecreal.com/general/understanding-the-particularity-requirement-in-georgia-dui-blood-warrants/) - Driving under the influence (DUI) cases in Georgia often involve complex legal issues, particularly when it comes to the Fourth Amendment's protections against unreasonable searches and seizures. One critical aspect of DUI cases is the use of blood tests to determine the presence of alcohol or drugs in a suspect's system. However, a recent string
- [DUI Defense in State v. Nelson – Prosecutorial Discretion in Lumpkin County or Due Process without probable cause](https://www.georgecreal.com/general/prosecutorial-discretion-in-lumpkin-county-or-due-process-without-probable-cause/) - As a seasoned DUI defense attorney serving the Enotah Judicial Circuit, I will share insights from a recent Georgia Court of Appeals decision, State v. Nelson (913 S.E.2d 388, decided February 26, 2025), which reversed a trial court's dismissal of DUI charges in Lumpkin County. This case highlights procedural protections for the State's right to
- [Understanding Immigration Consequences of Georgia Crimes and Convictions](https://www.georgecreal.com/general/understanding-immigration-consequences-of-georgia-crimes-and-convictions/) - If you or a loved one is a noncitizen facing criminal charges in Georgia, the stakes are higher than just fines, probation, or jail time. A criminal conviction can trigger severe immigration consequences, including deportation, mandatory detention, or a lifetime ban from returning to the United States. As a Georgia criminal defense attorney, I understand
- [Georgia DUI Lawyer George Creal: Challenging the Horizontal Gaze Nystagmus (HGN) Test in DUI Cases](https://www.georgecreal.com/general/georgia-dui-lawyer-george-creal-challenging-the-horizontal-gaze-nystagmus-hgn-test-in-dui-cases/) - Experienced DUI Defense Attorney Fighting Unreliable HGN Test Evidence If you've been charged with a DUI in Georgia, the Horizontal Gaze Nystagmus (HGN) test may be a critical piece of evidence against you. At George C. Creal, Jr., P.C., we know the HGN test is not the foolproof science police and prosecutors claim. With over
- [Can a Georgia Low THC Card Cost You Your Gun Rights? What the Hunter Biden Case Teaches Us](https://www.georgecreal.com/general/can-a-georgia-low-thc-card-cost-you-your-gun-rights-what-the-hunter-biden-case-teaches-us/) - Georgia Criminal Lawyer George Creal explains how a Georgia Low THC card may prevent you from buying or owning a gun under federal law. Learn why falsely answering ATF Form 4473 can lead to serious felony charges—just ask Hunter Biden.
- [Navigating BUI Charges in Georgia: Lessons from Memorial Day Weekend 2025 with Atlanta BUI Lawyer George Creal](https://www.georgecreal.com/general/navigating-bui-charges-in-georgia-lessons-from-memorial-day-weekend-2025-with-atlanta-bui-lawyer-george-creal/) - Boating under the influence (BUI) charges can turn a relaxing day on Georgia's lakes and rivers into a legal nightmare. The Georgia Department of Natural Resources (DNR) reported a significant spike in BUI arrests during Memorial Day weekend 2025, highlighting the state's strict enforcement of boating laws. As an experienced Atlanta BUI lawyer, George
- [Mastering the Art of Persuasion in DUI Defense: Applying Frank Luntz’s Words That Work with Atlanta DUI Attorney George Creal](https://www.georgecreal.com/general/mastering-the-art-of-persuasion-in-dui-defense-applying-frank-luntzs-words-that-work-with-atlanta-dui-attorney-george-creal/) - Effective communication is the cornerstone of a successful DUI defense. In his influential book, Words That Work: It's Not What You Say, It's What People Hear, Frank Luntz unveils the power of strategic language to shape perceptions and influence outcomes. For Atlanta DUI attorney George Creal, with over 25 years of experience defending DUI cases
- [Navigating DUI Defense: Key Insights from Newman v. The State for Cobb County Residents](https://www.georgecreal.com/general/navigating-dui-defense-key-insights-from-newman-v-the-state-for-cobb-county-residents/) - Facing a DUI charge in Cobb County can be daunting, but understanding recent legal precedents can empower your defense strategy. The case of Newman v. The State, A25A0603, Court of Appeals of Georgia ( May 22, 2025) offers critical insights into DUI arrests, implied consent laws, and evidence suppression. As an experienced Cobb County DUI
- [Cherokee County DUI Lawyer George Creal: Analyzing a Key DUI Suppression Victory in State v. Craig](https://www.georgecreal.com/general/cherokee-county-dui-lawyer-george-creal-analyzing-a-key-dui-suppression-victory-in-state-v-craig/) - At George C. Creal, Jr., P.C., Trial Lawyers, we closely follow legal developments in DUI cases across Georgia to better serve our clients. A recent decision by the Georgia Court of Appeals in The State v. Craig (A25A0391, May 12, 2025) offers critical insights into the importance of challenging unlawful traffic stops. While we did not
- [Atlanta DUI Lawyer George Creal Analyzes Recent Georgia Court of Appeals Ruling in State v. Johnson](https://www.georgecreal.com/general/atlanta-dui-lawyer-george-creal-analyzes-recent-georgia-court-of-appeals-ruling-in-state-v-johnson/) - As a leading Atlanta DUI attorney, George C. Creal, Jr., stays at the forefront of legal developments to provide clients with cutting-edge defense strategies. A recent Georgia Court of Appeals decision, State v. Johnson (911 S.E.2d 727, Ga. Ct. App. 2025), offers critical insights into the scope of blood test warrants in DUI and vehicular
- [Dekalb DUI Lawyer George Creal: Key Lessons from Rodriguez v. The State](https://www.georgecreal.com/general/dekalb-dui-lawyer-george-creal-key-lessons-from-rodriguez-v-the-state/) - At George C. Creal, Jr., P.C., we're dedicated to defending clients against DUI and related charges by staying informed on Georgia's legal landscape. The recent case of Rodriguez v. The State (A25A0185, Court of Appeals of Georgia, May 9, 2025) provides valuable insights into how evidence like alcohol containers can impact a case, even when
- [How Cobb County DUI Lawyer George Creal Leverages the OODA Loop in DUI Jury Trials](https://www.georgecreal.com/general/how-cobb-county-dui-lawyer-george-creal-leverages-the-ooda-loop-in-dui-jury-trials/) - In the high-stakes arena of DUI jury trials, effective decision-making can mean the difference between a client's freedom and a life-altering conviction. George C. Creal, Jr., a seasoned Cobb County DUI lawyer with over 25 years of experience and more than 100 "Not Guilty" jury verdicts, has mastered the art of strategic defense. One of
- [Understanding Police Officer Expert Testimony in Georgia: A Deep Dive into Miller v. Golden Peanut Company, LLC](https://www.georgecreal.com/general/understanding-police-officer-expert-testimony-in-georgia-a-deep-dive-into-miller-v-golden-peanut-company-llc/) - On August 21, 2023, the Supreme Court of Georgia delivered a pivotal ruling in Miller v. Golden Peanut Company, LLC (891 S.E.2d 776, 317 Ga. 22), reshaping how courts evaluate expert testimony from law enforcement officers in civil cases. As a Gwinnett County DUI and trial attorney with over two decades of experience, I've seen firsthand
- [Green v. State and Withdrawing a Guilty Plea in Georgia: What Cobb County DUI Clients Need to Know](https://www.georgecreal.com/general/green-v-state-and-withdrawing-a-guilty-plea-in-georgia-what-cobb-county-dui-clients-need-to-know/) - When a defendant pleads guilty in Georgia, they may think their case is over. But what happens if that plea was made without fully understanding the rights they were giving up? For years, Georgia law imposed a strict rule: if the trial court failed to explicitly inform the defendant of all three "Boykin rights" -
- [Hall County Georgia DUI Lawyer George Creal: Insights from Awui v. The State on Fleeing and Eluding Charges](https://www.georgecreal.com/general/hall-county-georgia-dui-lawyer-george-creal-insights-from-awui-v-the-state-on-fleeing-and-eluding-charges/) - As a seasoned DUI lawyer serving Hall County, Georgia, I keep a close eye on court decisions that impact traffic-related charges, especially those involving fleeing and eluding a police officer. The recent Court of Appeals of Georgia decision in Awui v. The State (A25A0675, decided March 26, 2025) offers valuable lessons for drivers facing similar
- [Understanding the Intoxilyzer 9000: A Comprehensive Guide for Georgia DUI Defense](https://www.georgecreal.com/general/understanding-the-intoxilyzer-9000-a-comprehensive-guide-for-georgia-dui-defense/) - As a seasoned DUI attorney in Georgia, I've seen firsthand how critical it is to understand the tools and procedures used by law enforcement in DUI cases. One of the most pivotal instruments in this arena is the Intoxilyzer 9000, the state's approved device for evidential breath alcohol testing. The Georgia Bureau of Investigation's (GBI)
- [How to Order Criminal Histories from the Georgia Crime Information Center for DUI Cases – A Guide by Gwinnett County DUI Attorney George Creal](https://www.georgecreal.com/general/a-guide-by-gwinnett-county-dui-attorney-george-creal/) - As a Gwinnett County DUI Attorney, I often need to access criminal history records for my clients and witnesses to build a strong defense. The Georgia Crime Information Center (GCIC) provides these records under specific guidelines, and I'm here to walk you through the process based on the official GCIC instructions. Criminal Cases: What You Need
- [The Dangers of High-Speed Chases in High-Population Areas: A Wake-Up Call from Little Five Points in Atlanta Georgia](https://www.georgecreal.com/general/the-dangers-of-high-speed-chases-in-high-population-areas/) - On April 14, 2025, tragedy struck Atlanta's vibrant Little Five Points neighborhood when a high-speed pursuit initiated by the Georgia State Patrol ended in a fatal crash at the intersection of Moreland and McLendon Avenue. A driver fleeing a traffic stop ran a red light, colliding with another vehicle and claiming an innocent life. As
- [New Sandy Springs Police Headquarters and Municipal Court Opens April 21, 2025: What It Means for DUI Cases and Sandy Springs DUI Lawyers](https://www.georgecreal.com/general/new-sandy-springs-police-headquarters-and-municipal-court-opens-april-21-2025/) - Sandy Springs is gearing up for a significant change in its public safety and judicial landscape. On April 21, 2025, the city will officially open its state-of-the-art Police Headquarters and Municipal Court Complex at 620 Morgan Falls Rd. This modern facility, spanning over 130,000 square feet, marks a new era for law enforcement and court
- [Navigating Atlanta’s DUI Court: A Summary of the Atlanta Municipal Court DUI division SOPs with George Creal](https://www.georgecreal.com/general/navigating-atlantas-dui-court/) - When facing a DUI charge in Atlanta, understanding the court process can feel overwhelming. The Municipal Court of Atlanta's DUI Division, presided over by Judge Teresa A. Mann in Courtroom 6B, operates under a detailed set of Standard Operating Procedures (SOPs). As an experienced Atlanta DUI lawyer, George Creal is here to break down these procedures
- [How Game Theory Powers Gwinnett County DUI Defense: George Creal’s Strategic Edge](https://www.georgecreal.com/general/how-game-theory-powers-gwinnett-county-dui-defense-george-creals-strategic-edge/) - When you're facing a DUI charge in Gwinnett County, the stakes are high-fines, jail time, a wrecked record. It's not just a legal battle; it's a strategic showdown. At the Law Office of George Creal, Jr., we don't just fight DUI cases-we outmaneuver them, using insights from game theory, the science of strategy. Drawing from
- [DUI Arrests and Visa Revocations: A Growing Threat for International Students in Georgia](https://www.georgecreal.com/general/dui-arrests-and-visa-revocations-a-growing-threat-for-international-students-in-georgia/) - The recent detention of Felipe Zapata Velasquez, a 27-year-old University of Florida student, by U.S. Immigration and Customs Enforcement (ICE) after a traffic stop in Gainesville, has cast a spotlight on the precarious situation international students face in the U.S. This incident, reported by NBC 6 South Florida on April 9, 2025, underscores a broader
- [Georgia Senate Bill 121: Tougher Insurance Requirements for DUI Offenders in 2025](https://www.georgecreal.com/general/georgia-senate-bill-121-tougher-insurance-requirements-for-dui-offenders-in-2025/) - If you've been charged with a DUI in Gwinnett County, the stakes just got higher. On April 9, 2025, Georgia's Senate Bill 121 (SB 121) went into effect, introducing stricter motor vehicle liability insurance requirements for individuals convicted of driving under the influence (DUI). As a seasoned Gwinnett County DUI attorney, I've seen how DUI convictions
- [Your Right to Choose Your DUI Lawyer: What United States v. Gonzalez-Lopez Means for Georgians Facing Charges](https://www.georgecreal.com/general/your-right-to-choose-your-dui-lawyer-what-united-states-v-gonzalez-lopez-means-for-georgians-facing-charges/) - When you're facing a DUI charge in Georgia, one of the most critical decisions you'll make is who will represent you in court. The stakes are high-your license, your freedom, and your future hang in the balance. You want an attorney you trust, someone with the experience and strategy to fight for you. But what
- [The Rule of Law at Risk: How Low Salaries for Justices, Prosecutors, and Public Defenders Threaten Justice in Georgia](https://www.georgecreal.com/general/the-rule-of-law-at-risk-how-low-salaries-for-justices-prosecutors-and-public-defenders-threaten-justice-in-georgia/) - As a Georgia DUI lawyer with over 30 years of experience navigating our state's legal system, I've seen firsthand how the rule of law underpins everything we do in the courtroom. It's the foundation that ensures fairness, accountability, and justice for all-whether you're facing a DUI charge or any other legal matter. The rule of
- [Understanding Scalia’s Reading Law and Its Impact on DUI Appellate Practice before a Textualist Court](https://www.georgecreal.com/general/understanding-scalias-reading-law-and-its-impact-on-dui-appellate-practice-before-a-textualist-court/) - As a DUI defense attorney in Georgia, I've spent years navigating the complexities of statutes, case law, and appellate arguments to protect my clients' rights. One book that has profoundly shaped my approach to legal interpretation is Reading Law: The Interpretation of Legal Texts by Justice Antonin Scalia and Bryan A. Garner. Published in 2012,
- [Understanding Georgia’s Constitutional Protections Against Unreasonable Searches and Seizures: A Deep Dive into "Tackling Terry"](https://www.georgecreal.com/general/a-deep-dive-into-tackling-terry/) - As a Georgia DUI attorney, I've spent years defending clients against charges that often hinge on the actions of law enforcement during traffic stops, searches, and arrests. Many of these cases involve the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. However, a recent article in the Mercer Law Review
- [Georgia Supreme Court Weighs in on Blood Test Refusal Evidence in DUI Cases: A Closer Look at Dias v. State](https://www.georgecreal.com/general/a-closer-look-at-dias-v-state/) - The Georgia Supreme Court issued an important decision on March 13, 2025 in Dias v. State, a case involving the admissibility of a DUI suspect's refusal to submit to a blood test. This ruling, penned by Justice Ellington with a concurring opinion by Presiding Justice Peterson, addresses critical constitutional and evidentiary issues that could impact
- [Understanding the Kadiri v. The State Case: A Key Ruling on Statute of Limitations in Georgia DUI Cases](https://www.georgecreal.com/general/a-key-ruling-on-statute-of-limitations-in-georgia-dui-cases/) - In a March 14, 2025 decision by the Georgia Court of Appeals, A24A1255. Kadiri v. The State, the court reversed a conviction due to the trial court's failure to properly instruct the jury on the statute of limitations and the State's failure to present sufficient evidence proving that the prosecution was commenced within the required
- [Winning Georgia DUI Jury Trials with the Rule-Out Method in “David Ball on Criminal Defense](https://www.georgecreal.com/general/winning-georgia-dui-jury-trials-with-the-rule-out-method-in-david-ball-on-criminal-defense/) - As a DUI lawyer in Georgia with over 25 years of experience, I've seen how challenging it can be to defend clients against DUI charges in a state with some of the strictest laws in the country. A DUI conviction under O.C.G.A. § 40-6-391 can lead to harsh penalties, including jail time, fines, and license
- [Navigating Cannabinoid Testing in Georgia: Insights for DUI Defense](https://www.georgecreal.com/general/navigating-cannabinoid-testing-in-georgia-insights-for-dui-defense/) - Welcome to the blog of George Creal, your Georgia DUI lawyer. Today, we delve into a complex but crucial topic in the realm of DUI defense: the nuances of cannabinoid or Marijuana related testing with an emphasis on the differences between GC-MS and LC-MS/MS methods, and how Georgia law mandates a specific approach to marijuana-related
- [Understanding Voir Dire in a Georgia DUI Case](https://www.georgecreal.com/georgia-law-library/understanding-voir-dire-in-a-georgia-dui-case/) - If you're facing a DUI charge in Georgia, you might hear the term "voir dire" tossed around during the legal process, especially if your case goes to trial. As a DUI lawyer with over 25 years of experience defending clients across the state, I know that voir dire is one of the most critical stages
- [The Future of DUI: How Robotaxis Could Transform Arrests, Fatalities, and Ride-Sharing Costs](https://www.georgecreal.com/general/how-robotaxis-could-transform-arrests-fatalities-and-ride-sharing-costs/) - By George Creal, DUI Lawyer | March 12, 2025 As a DUI lawyer with years of experience defending clients across Georgia, I've seen firsthand the devastating consequences of driving under the influence. DUI arrests and alcohol-related traffic fatalities remain significant challenges, but the horizon of transportation is changing rapidly. With the introduction of level 5
- [Applying the Principles of Chimpanzee Politics to Jury Selection in a Georgia DUI Case](https://www.georgecreal.com/general/applying-the-principles-of-chimpanzee-politics-to-jury-selection-in-a-georgia-dui-case/) - Chimpanzee Politics: Power and Sex among Apes (2007) by Frans de Waal offers a fascinating look into the social dynamics of chimpanzees, emphasizing their use of alliances, power struggles, social intelligence, and reconciliation to navigate their hierarchy. While the book focuses on animal behavior, its insights into coalition-building, influence, and social maneuvering can be adapted
- [Applying the Principles of Influence to a DUI Jury Trial in Georgia](https://www.georgecreal.com/general/applying-the-principles-of-influence-to-a-dui-jury-trial-in-georgia/) - As a seasoned DUI lawyer in Georgia, I've dedicated my career to defending clients against DUI charges with a fearless, strategic approach. Winning a DUI jury trial requires more than just legal expertise-it demands an understanding of human psychology and the art of persuasion. In Influence, New and Expanded: The Psychology of Persuasion (2021), Dr.
- [Can You Get Arrested in Georgia for a DUI on a Horse, on a  Bike, on an Electric Scooter? Of course!](https://www.georgecreal.com/general/can-you-get-arrested-in-georgia-for-a-dui-on-a-horse/) - When you think of a DUI, you probably imagine a car swerving down Georgia 400 after a night out. But here's the kicker: in Georgia, you can get a DUI on a bicycle, a Bird scooter, or even a horse. At George C. Creal, Jr., P.C., Trial Lawyers, we've seen these cases firsthand-and they're not
- [Beware of Bail Bond Scams: A Warning from Georgia DUI Lawyer George Creal](https://www.georgecreal.com/general/dui-bail-bond-scams-beware/) - Verify Before Paying If you or a loved one has recently been arrested in Georgia, navigating the bail process can be overwhelming, especially when the urgency and stress of the situation might make you vulnerable to scams. As a seasoned DUI lawyer in Georgia, George Creal has seen an uptick in fraudulent activities targeting individuals
- [Erlinger v. United States and Its Potential Impact on Georgia DUI Prosecutions](https://www.georgecreal.com/general/erlinger-v-united-states-and-its-potential-impact-on-georgia-dui/) - On June 21, 2024, the U.S. Supreme Court issued a landmark decision in Erlinger v. United States (602 U.S. ____ (2024), No. 23-370), a case that has significant implications for sentencing enhancements under the Armed Career Criminal Act (ACCA). While this case specifically addressed federal sentencing for firearm possession, its reasoning could ripple into state-level
- [President Trump says he’s exploring option to send jailed US criminals to other countries like El Salvador: Is this legal?](https://www.georgecreal.com/general/president-trump-says-hes-exploring-option-to-send-jailed-us-criminals/) - Welcome to the blog of Georgia Criminal Attorney George Creal, where we delve into the intricacies of criminal law, share insights from the courtroom, and offer guidance on navigating the complexities of legal challenges in the Peach State. With a career spanning over three decades, Attorney Creal has become a beacon for those in need
- [Business Records Exception to the Hearsay Rule](https://www.georgecreal.com/general/business-records-exception-to-the-hearsay-rule/) - Under Georgia law, the business records exception to the hearsay rule allows business records to be admitted into evidence without requiring the testimony of the person who created them. This exception is codified under O.C.G.A. § 24-8-803(6) and follows the general principles of the Federal Rules of Evidence. Requirements for Admissibility: To admit business records
- [Understanding Costs of Prosecution in DUI Cases in Georgia - Insights from Attorney George Creal](https://www.georgecreal.com/general/understanding-costs-of-prosecution-in-dui-cases-in-georgia/) - Navigating the legal landscape after a DUI charge in Georgia involves understanding various aspects of the criminal procedure, including the costs associated with prosecution. Here, Atlanta DUI Attorney George Creal explains the implications of Georgia Code § 17-11-1 on defendants in criminal cases, particularly focusing on DUI prosecutions, in light of the protections offered by
- [Understanding Pardon, Clemency, and Commutation in Light of President Trump's Actions](https://www.georgecreal.com/general/understanding-pardon-clemency-and-commutation-in-light-of-president-trumps/) - At the Law Offices of George Creal, we understand the complexities of post-conviction relief, particularly in the context of DUI cases. With former President Trump's recent flurry of pardons, commutations, and clemency actions, it's an opportune moment to clarify these terms and discuss how they might apply or have been applied in your situation. Pardon:
- [Lab results and the right to confrontation](https://www.georgecreal.com/general/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
- [The Unconstitutional Nature of Painful Blood Draws and Forced Surgeries in Georgia Law](https://www.georgecreal.com/general/the-unconstitutional-nature-of-painful-blood-draws-and-forced-surgeries-in-georgia-law/) - In Georgia,In Georgia, as in many states, the issue of blood draws in cases of Driving Under the Influence (DUI) has raised significant constitutional questions, particularly under the Fourth Amendment of the U.S. Constitution. This amendment protects citizens against unreasonable searches and seizures, which includes intrusions into the human body for evidence collection. Here, we
- [General and Special Demurrers](https://www.georgecreal.com/general/general-and-special-demurrers/) - Understanding General and Special Demurrers,Their Key Differences, and How It Applies to DUI Cases In the intricate landscape of legal procedures, demurrers play a crucial role in the judicial process. For those unfamiliar, a demurrer is an objection that an opponent's point is irrelevant or invalid while conceding the factual basis of the point. This
- [THE TYNDALL EFFECT: How Airbags Can Make Breath Tests Inaccurate](https://www.georgecreal.com/general/the_tyndall_effect/) - We’ve handled many cases in which one of our clients has had a couple of drinks and gets into an accident. Many times, if the police suspect that a driver has ingested any amount of alcohol, he or she will be arrested for DUI. For better or worse, the circumstances of a car accident make
- [Top 12 things to do if you are a college student arrested for DUI](https://www.georgecreal.com/general/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
- [UPS driver rear-ends Clayton County Commission Chair Eldrin Bell at Police DUI check point and is arrested for DUI.](https://www.georgecreal.com/general/ups_driver_rear-ends_clayton_county_commission/) - 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
- [Navigating Georgia's DUI Laws: Understanding the 500-Foot Rule for Towing in Paid Parking Lots near bars and restaurants that serve alcohol](https://www.georgecreal.com/general/understanding-the-500-foot-rule-for-towing-in-paid-parking/) - 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?](https://www.georgecreal.com/general/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](https://www.georgecreal.com/general/when-is-a-georgia-dui-prosecution-commenced/) - 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
- [Tesla's 'We, Robot' Event: A New Horizon for DUI Cases and Beyond](https://www.georgecreal.com/recent-dui-blog-posts/teslas-we-robot-event-a-new-horizon-for-dui-cases-and-beyond/) - In the bustling heart of Hollywood, at the Warner Brothers Studio, Tesla unveiled its vision for the future with the "We, Robot" event on October 10th, 2024. This event wasn't just a showcase of technological prowess but a herald of significant shifts in law, particularly in DUI, traffic, automobile insurance, and automobile personal injury cases,
- [Georgia Supreme Court Overturns Contempt Order in Landmark Case for Attorney Rights](https://www.georgecreal.com/cases_of_note/georgia-supreme-court-overturns-contempt-order-in-landmark-case-for-attorney-rights/) - In a significant ruling today, the Supreme Court of Georgia has made a pivotal decision in the case of *Steel v. The State* (S24A1245), which has profound implications for the legal community, particularly for zealous representation in Georgia DUI cases and beyond. The Case Overview:
- [City of Atlanta passes ordinance making watching cars do donuts illegal](https://www.georgecreal.com/in-the-news/city-of-atlanta-passes-ordinance-making-watching-cars-do-donuts-illega/) - Watching street racing, burnouts and doughnuts or donuts by street racers in their Dodge Chargers and other hot rods in Atlanta can get you six months in jail and a $1000.00 fine without the right to a jury trial in the Municipal Court of Atlanta based on recently passed ordinance according to MotorTrend.com. This is after
- [Sandy Springs purchases property for Municipal Court and Public Safety](https://www.georgecreal.com/in-the-news/sandy-springs-purchases-property-for-municipal-court-and-public-safety/) - Patch.com reported on August 19, 2020, that the City of Sandy Springs has recently purchased 620 Morgan Falls Road as its new Municipal Court and Public Safety facility. The property is 12.52 acres and costs $11,025,000.00. The Police Department and Municipal Court are currently located in leased office space in the Morgan Falls Office park which
- [If you refuse a blood or breath test, police may obtain a warrant for Blood](https://www.georgecreal.com/georgia-dui-information/warrant-for-a-blood-test/) - O.C.G.A. § 40-5-67.1 (d.1), provides, "Nothing in the Implied Consent Rights or Implied Consent law shall be deemed to preclude the acquisition or admission of evidence of a violation of the Georgia DUI laws if obtained by a search warrant as authorized by the Constitution or laws of this state or the United States." This
- [How Strickland v. State Could Benefit People Cited for DUI in Georgia](https://www.georgecreal.com/cases_of_note/how-strickland-v-state-could-benefit-people-cited-for-dui-in-georgia/) - Strickland v. State: A Victory for Defendants charged on traffic violations like DUI and charged on a paper Uniform Traffic Citations in Georgia In a 2019 case, Strickland v. State, 349 Ga. App. 673, 675(2), 824 S.E.2d 555 (2019), the Georgia Court of Appeals held that a traffic citation or paper traffic ticket that
- [New Case Review: Blazek v. The State, A23A0949. Court of Appeals of Georgia, First Division.](https://www.georgecreal.com/cases_of_note/new-case-review-blazek-v-the-state-a23a0949-court-of-appeals-of-georgia-first-division/) - Decided: August 7, 2023: Brian Blazek was arrested for DUI after he was contacted by Gwinnett County Police to investigate a called-in complaint that Blazek had possibly been operating an 18-wheel tractor-trailer while intoxicated. Blazek was contacted by police while standing outside and next to his Tractor. Blazek consented to field sobriety tests and portable
- [Navigating Travel Restrictions with a DUI: A Guide for Those Seeking to Explore the World](https://www.georgecreal.com/recent-dui-blog-posts/navigating-travel-restrictions-with-a-dui-a-guide-for-those-seeking-to-explore-the-world/) - As an experienced and empathetic DUI attorney, George Creal understands the complexities and challenges individuals face when dealing with a DUI arrest or conviction. One significant concern for many is how a DUI may impact their ability to travel internationally. In this blog post, we will discuss what countries may not let you in for
- [State v. Jones: A Comprehensive Analysis of a DUI Case](https://www.georgecreal.com/cases_of_note/state-v-jones-a-comprehensive-analysis-of-a-dui-case/) - In the case of State v. Jones, A24A0328, Court of Appeals of Georgia, Fourth Division. Decided: April 22, 2024. the Appellate Court was presented with a series of questions regarding the legality of a traffic stop and subsequent DUI arrest. The case highlights the intricacies of Fourth Amendment jurisprudence and the application of Georgia state
- [DUI Case Update: Allen v. The State](https://www.georgecreal.com/cases_of_note/dui-case-update-appellate-court-victory-in-the-court-of-appeals-of-georgia/) - Appellate Court Victory in the Court of Appeals of Georgia A24A0005. Allen v. The State. This blog post is brought to you by the Law Offices of George Creal. Are you facing DUI charges in Atlanta, Georgia? We understand how stressful this situation can be, and we are here to help. This post discusses a
- [Pivotal Ruling in Fischer v. United States Limits the overuse of Obstruction Charges](https://www.georgecreal.com/cases_of_note/pivotal-ruling-in-fischer-v-united-states-limits-the-overuse-of-obstruction-charges/) - On June 28, 2024, the Supreme Court delivered a significant ruling in Fischer v. United States that clarified the scope of obstruction charges under the Sarbanes-Oxley Act. This decision has far-reaching implications, particularly concerning the events of January 6, 2021, and how obstruction statutes are applied in federal law. Background of the Case Joseph Fischer
- [Does a Pilot Have to Report a DUI to The FAA?](https://www.georgecreal.com/general/does-a-pilot-have-to-report-a-dui-to-the-faa/) - A pilot must report a DUI arrest to the FAA within 60 days of the motor vehicle action. This includes any conviction for a violation of a federal or state statute relating to the operation of a motor vehicle while intoxicated by alcohol or a drug, while impaired by alcohol or a drug, or while
- [Insights from State v. Lim](https://www.georgecreal.com/general/insights-from-state-v-lim/) - Does OCGA § 17-16-23 Protect the State from Early Evidence? Insights from State v. Lim On May 20, 2024, the Georgia Court of Appeals Second Division made an impactful decision on court order precedence over OCGA §17-16-23 in State v. Lim. BackgroundAfter his involvement in a single vehicle accident in October 2022, Woo Sik Lim
- [DUI Breath Test Calibration and Certification for Georgia DUI Defense](https://www.georgecreal.com/recent-dui-blog-posts/dui-breath-test-calibration-and-certification-for-georgia-dui-defense/) - The Crucial Importance of Full Information in Discovery and Complete Transparency in State-Administered Breath Tests in DUI Defense If you've ever found yourself pulled over under suspicion of DUI in Atlanta, you're likely familiar with the DUI breath test (in Georgia, Intoxilyzer 9000)-a pivotal moment where a small device effectively decides whether you are guilty
- [The Right to Repair and Your DUI Defense: Lessons from McDonald's and the Intoxilyzer 9000](https://www.georgecreal.com/recent-dui-blog-posts/the-right-to-repair-and-your-dui-defense-lessons-from-mcdonalds-and-the-intoxilyzer-9000/) - In a surprising twist that might seem unrelated at first glance, the recent legal victory for McDonald's and their ice cream machines offers a parallel to the ongoing issues with the Intoxilyzer 9000 used in DUI cases. This blog post delves into how the same principles of proprietary protection are at play in both scenarios,
- [Georgia Right to a Constitutional Speedy Trial](https://www.georgecreal.com/georgia-law-library/georgia-right-to-a-constitutional-speedy-trial/) - The Supreme Court case of *Barker v. Wingo* (1972) is a landmark decision regarding the Sixth Amendment right to a speedy trial in the United States. Here's a summary: Parties Involved Petitioner: Willie Mae Barker Respondent: John Wingo, Warden (representing the state) Background Barker was charged with murder alongside another defendant, Silas Manning. The state
- [People vs Redmond - Does The Odor of Burnt Marijuana Justify a Vehicle Search?](https://www.georgecreal.com/general/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
- [Complexities in DUI Cases](https://www.georgecreal.com/cases_of_note/complexities-in-dui-cases/) - Insights from a Recent Georgia Supreme Court Ruling In the realm of DUI defense, recent developments in Georgia case law highlight the importance of understanding the intricate legal landscape that can significantly impact the outcome of a case. The Georgia Supreme Court's decision in Garrison v. State, S24G007, August 13, 2024, offers crucial insights into two
- [6 Major Reasons Why Diagnostic Hospital Blood Test For Alcohol Fall Short In a DUI Case](https://www.georgecreal.com/general/dui-case-reasons-diagnostic-blood-test/) - 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
- [Understanding the Statute of Limitations](https://www.georgecreal.com/general/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
- [The Movement to Lower the DUI BAC Limit in the U.S](https://www.georgecreal.com/general/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.
- [Navigating the fine line between reducing traffic violations for Commerical Drivers License Holders and Masking](https://www.georgecreal.com/georgia-law-library/reducing-traffic-violations-cdl-holders-masking/) - Understanding Masking in CDL Traffic Violations It is crucial to differentiate between what constitutes "masking" and what is a legitimate legal process based on evidentiary reasons. Failure to properly understand the difference between the two can lead to serious legal consequences. The Concept of Masking Under 49 C.F.R. § 384.226, the Federal Motor Carrier Safety
- [What DUI Feels Like](https://www.georgecreal.com/general/what_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
- [Should I hire an attorney for traffic accident tickets in Georgia?](https://www.georgecreal.com/general/should-i-hire-an-attorney-for-traffic-accident-tickets-in-georgia/) - As a Georgia DUI lawyer, we have to deal with a lot of regular traffic tickets. Every DUI arrest starts with an ordinary traffic ticket. I understand the challenges that all drivers face when dealing with a traffic ticket involving an accident, especially for young drivers under 21 years of age. If you have been
- [Understanding the Horizontal Gaze Nystagmus Test in DUI Investigations.](https://www.georgecreal.com/general/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](https://www.georgecreal.com/general/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.](https://www.georgecreal.com/general/dui-case-the-state-v-youn/) - Blow Once, Twice, Three Times, My Lady... You Are Under Arrest. 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.
- [Georgia DUI Breath Testing's Dirty Little Secret](https://www.georgecreal.com/general/georgia-dui-breath-testings-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.
- [Georgia DUI charges in Municipal, Probate and Recorders Court do not require a new bond to request a jury trial or "bind the case over."](https://www.georgecreal.com/recent-dui-blog-posts/georgia-dui-charges-in-municipal-probate-and-recorders-court-do-not-require-a-new-bond-to-request-a-jury-trial-or-bind-the-case-over/) - If you have been arrested for DUI in Georgia, you have the right to a jury trial. However, you must waive your right to a jury trial in writing before your case can be resolved in a municipal, probate or records court. The statute governing DUI waiver of jury trial in Georgia is § 40-13-23
- [The Georgia Code addresses the Nolle Pros](https://www.georgecreal.com/recent-dui-blog-posts/the-georgia-code-addresses-the-nolle-pros/) - In Georgia law, "nolle prosequi," often abbreviated as "nolle pros," is a legal term that refers to the decision by a prosecutor to voluntarily discontinue prosecution of a case. This decision can be made at any point during the criminal proceedings, up until a verdict is reached. When a nolle prosequi is declared, it effectively
- [Can police obtain my medical records if I am taken to the hospital after an accident?](https://www.georgecreal.com/recent-dui-blog-posts/can-police-obtain-my-medical-records-if-i-am-taken-to-the-hospital-after-an-accident/) - In a Georgia DUI investigation as in many other jurisdictions, the ability of police to obtain medical records following an accident can depend on several factors, including the nature of the accident, whether a crime is suspected (such as driving under the influence -DUI), and the specific circumstances of the patient's medical treatment. There are
- [10 Critical areas to challenge when fighting a Georgia DUI blood test](https://www.georgecreal.com/recent-dui-blog-posts/10-critical-areas-to-challenge-when-fighting-a-georgia-dui-blood-test/) - In Georgia, as in many other jurisdictions, DUI blood samples are typically tested for alcohol content using published processes by the Georgia Bureau of investigation. The procedure generally involves several key steps: Collection and Preservation of the Sample: The blood sample is not always collected in a controlled and sterile environment like a hospital and
- [Navigating Georgia Marijuana DUI Arrests: Insights from George Creal](https://www.georgecreal.com/general/navigating-georgia-marijuana-dui-arrests/) - 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
- [The Unintended Consequences of Lowering the DUI Legal Limit: A Closer Look](https://www.georgecreal.com/general/the-unintended-consequences-of-lowering-the-dui-legal-limit/) - 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
- [The DEA's Move to Reclassify Marijuana: Implications for Atlanta Georgia DUI Cases](https://www.georgecreal.com/general/the-deas-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
- [Can I pick the test I take after a DUI arrest](https://www.georgecreal.com/cases_of_note/can-i-pick-the-test-i-take-after-a-dui-arrest/) - Who gets to pick the test administered in a DUI arrest? The short answer is it depends. Let's assume some hypothetical facts. First, the driver is arrested, Georgia Implied Consent rights are read and the Officer designates either a blood, breath, or urine test. Let’s assume that the police officer chooses a breath test. When
- [Mad Mothers Impeach the Jury: A post from Fayette Citizen Free Speech page](https://www.georgecreal.com/general/mad_mothers_impeach_the_jury_a_post_from_fayette_citizen_free_speech_page/) - There was a case in State Court last week that went before a jury trial where a man was charged with a DUI in Georgia and two counts of child endangerment with his children in the car, interfering with police and driving without a license. This person refused a breathalyzer and refused to cooperate with law
- [Vehicular Homicide in Atlanta, Georgia Lawyer](https://www.georgecreal.com/general/vehicular_homicide_in_atlanta_georgia_lawyer/) - Georgia's Tough Criminal penalties make legal representation essential. If you do not contact us, please contact another attorney. Do not go to court unrepresented. If you can't afford to miss work for a year or more, you can't afford not to hire a Vehicular Homicide attorney. We take all major credit cards and have payment
- [Costs of Georgia DUI - A DUI Arrest Can Hammer Your Automobile Insurance Premiums](https://www.georgecreal.com/dui-costs/costs_of_georgia_dui_-_a_georgia_dui_arrest_can_hammer_your_automobile_insurance_premiums/) - I recently heard a story about a 30-year-old man who was arrested for DUI in Georgia. He has never had an accident. Allstate Automobile Insurance Company raised his Georgia minimum automobile liability insurance coverage of 25/50 to over $350 per month. A Georgia DUI for a 30-year-old with a clean driving record is equal to
- [The Costs of DUI in Atlanta, Georgia](https://www.georgecreal.com/dui-costs/the_costs_of_dui_in_atlanta_georgia/) - Fox Five did a story on December 30, 2009, on the cost of an Atlanta DUI. Each year in Georgia about 200,000 people are arrested for DUI. In the five-county Metro Atlanta area, there are more than 20,000 arrests each year. They concluded that a DUI will cost on average about $10,000.00. That means that
- [How a cell phone or a text message can give you a DUI](https://www.georgecreal.com/dui-myths/how_a_cell_phone_or_a_text_message_can_give_you_a_dui/) - Watch this video where a cell phone causes and Intoxilyzer 5000 to register a .253 dui lawyer atlanta | georgia dui lawyer
- [Runaway Grand Jury investigating District Attorney's Cover up of Intoxilyzer (State Administered DUI Breath Tests) inaccuracies](https://www.georgecreal.com/dui-myths/runaway_grand_jury/) - A Houston Grand Jury is investigating the District Attorney's cover-up and retaliation of employee whistleblower surrounding inaccurate readings of Houston Police Departments Breath Alcohol Testing Vehicles or BAT Mobiles purchased in 2008. Despite District Attorney protests they were kicked out of Grand Jury proceedings and threatened with arrest by the Grand Jury foreman if they
- [Hawaii has the most Drunk Drivers per 1000 population](https://www.georgecreal.com/in-the-news/hawaii-has-the-most-drunk-drivers-per-1000-population/) - August 7, 2015. According to the online journal live science, a CDC study found Hawaii had 995 drunk drivers per 1000 in population. This is an astounding fact considering that according to the 2010 Census 14.3 percent of the population is 65 and over and 9.4 percent of the population is under the legal drinking age. The
- [If I bind my case over to a higher court -will I be required to go to jail and post a new bond?](https://www.georgecreal.com/dui-myths/if-i-bind-my-case-over-to-a-higher-court-will-i-be-required-to-go-to-jail-and-post-a-new-bond/) - If I bind my DUI or other traffic cases over to a higher court for a jury trial from a municipal court or a probate court in Georgia, will I be required to go to jail again and post a new bond? NO. O.C.G.A. 40-13-23 titled, “Waiver of jury trial; withdrawal of waiver” provides in pertinent
- [American Bar Association creates criminal collateral consequences database](https://www.georgecreal.com/dui-costs/american-bar-association-creates-criminal-collateral-consequences-database/) - The American Bar Association has developed a search engine for collateral consequences of criminal convictions. You can search the consequences of criminal convictions by keyword or consequence such as employment or driving privileges. You can also search by type of criminal offense. It searches state and federal laws as well as administrative regulations. Using the keyword
- [Myth: You don't need a lawyer in a DUI case](https://www.georgecreal.com/dui-myths/myth-you-dont-need-a-lawyer-in-a-dui-case/) - You may inadvertently invalidate any legal defenses you have to a DUI by even appearing once in Court without a lawyer. Just ask Desmond Preston. In Preston v. State, A14A0028, Court of Appeals of Georgia, June 12, 2014, Desmond Preston show up for court without a lawyer. He was told he had to file all motions
- [There is a Giant Hole in the accuracy of Standardized DUI Field Sobriety Evaluations](https://www.georgecreal.com/dui-myths/there-is-a-giant-hole-in-the-accuracy-of-standardized-dui-field-sobriety-evaluations/) - September 4, 2015. I was listening to an episode of Econ Talk on Econometrics and the thought occurred to me of whether anyone had done a regression analysis on Standardized Field Sobriety Evaluations field studies which is the first and most basic step in the Statistical analysis of any data to analyze patterns, causation, and other
- [How do I get a police report from the DeKalb County Police for a DUI Arrest?](https://www.georgecreal.com/georgia-dui-information/how_do_i_get_a_police_report_from_the_dekalb_county_police_for_a_dui_arrest/) - DUI police incident reports may be obtained from Central Records of the DeKalb County Police Department in Tucker, Georgia just across I-285 from Northlake Mall. The telephone number for DeKalb County Police Department Central Records is (770) 724-7740. Their hours of operation are Monday -Friday, 9:00 am to 7:00 pm. Effective June 7th, 2010, the
- [Where do I get a Gwinnett County, Georgia DUI Police report?](https://www.georgecreal.com/georgia-dui-information/where_do_i_get_a_gwinnett_county_georgia_dui_police_report/) - If you have been arrested for DUI in Gwinnett County Georgia, one of the first things you should consider doing is to obtain your DUI police incident report. A DUI incident report may be obtained in person from any of the six Gwinnett County Police locations: Gwinnett County Police Headquarters 770 Hi Hope Road Lawrenceville, Ga 30044 West Precinct
- [Henry County Police Department in McDonough, GA: Incident & Accident Reports](https://www.georgecreal.com/georgia-dui-information/henry_county_police_department_in_mcdonough_ga_incident_accident_reports/) - Now that you know what you have been charged with, you should obtain the police report so you can review your arrest report with your Henry County DUI lawyer. Most Henry County Police cars are equipped with video surveillance equipment. DUI videos can only be obtained through the Henry County Solicitor's Office by your lawyer
- [Where do I get a police report for my City of Atlanta Police DUI Arrest?](https://www.georgecreal.com/georgia-dui-information/where_do_i_get_a_police_report_for_my_city_of_atlanta_police_dui_arrest/) - All Atlanta DUI incident reports and Atlanta DUI supplemental reports produced by the Atlanta Police Department can be obtained at Central Records between the hours of 8:30 am and 2:30 pm for a small fee. Exact change is generally required. Central Records is located: Atlanta Public Safety Annex 3493 Donald Lee Hollowell Pkwy, N.W. Atlanta,
- [You can get a DUI in a Golf Cart?](https://www.georgecreal.com/georgia-dui-information/you_can_get_a_dui_in_a_golf_cart/) - Did you know that you can get a DUI in a golf cart? Just ask the people in Peachtree City, Georgia where citizens are routinely charged with DUI for driving their golf carts home instead of being congratulated for being responsible and not driving a 5000-pound car. Police even comment that the golf cart paths
- [What happens to my license if I get a DUI in Georgia but have a license from another state?](https://www.georgecreal.com/georgia-dui-information/what-happens-to-my-license-if-i-get-a-dui-in-georgia-but-have-a-license-from-another-state/) - What Happens if a Police Officer Takes my Out of State license in a Georgia DUI arrest? A. Georgia DUI with an out of state license If an officer takes your out-of-state license because you were arrested for a DUI in Georgia, you are subject to a license suspension from the state which issued your license
- [Are Atlanta and Georgia DUI police officers required to read Miranda Rights at a DUI traffic stop?](https://www.georgecreal.com/dui-myths/are_atlanta_and_georgia_dui_police_officers_required_to_read_miranda_rights_at_a_dui_traffic_stop/) - The answer is yes and no. Georgia DUI arrestees like all criminal suspects possess a right to remain silent and not incriminate themselves. These are most commonly known as Miranda rights but come from the Fifth Amendment rights of the United States Constitution, rights under the Georgia Constitution, or rights under O.C.G.A. 24-9-20. See O’Donnell
- [Williams v State – the Constitution is not a loophole or a technicality](https://www.georgecreal.com/cases_of_note/williams-v-state-the-constitution-is-not-a-loophole-or-a-technicality/) - Williams v. State, S14A1625, March 27, 2015. A legal earthquake is shaking things up in Georgia's DUI law. John Williams was convicted of driving under the influence of drugs. He moved to suppress the state-administered blood test on the basis that Georgia’s Implied Consent Statute does not amount to the required voluntary consent under the
- [Los Angeles v Patel – How long can OSAH ignore the exclusionary Rule](https://www.georgecreal.com/cases_of_note/los-angeles-v-patel-how-long-can-osah-ignore-the-exclusionary-rule/) - Georgia DUI cases have two legal tracks in two separate judicial bodies. First, the DUI is filed, plead, and/or contested in criminal courts, such as Local Municipal Courts, Recorders Courts, Probate Courts, State Courts, and Superior Courts. Criminal courts determine criminal guilt and criminal sanctions including jail time, fines, and probation conditions. The second lesser-known
- [U.S. Supreme Court rules that certificates of State Lab Analyst violate the right to confrontation](https://www.georgecreal.com/cases_of_note/us_supreme_court_rules_that_certificates_of_state_lab_analyst_violate_the_right_to_confrontation/) - The U.S. Supreme Court has dealt a blow to the infamous paper witness. Paper is impossible to cross-examine, so when paper documents are legislated admissible in court it is burden-shifting and requires the Defense to hire an expert to rebut the paper witness. It is unclear how far Georgia Courts will allow this case precedent
- [Hall County DUI: Massey v. State, All DUIs are similar?](https://www.georgecreal.com/cases_of_note/hall_county_dui_massey_v_state_all_duis_are_similar/) - Hall County DUI, Gainesville, Georgia: MASSEY v.THE STATE, A11A0674, Court of Appeals of Georgia, May 5, 2011. A Hall County jury found David Anthony Massey guilty of driving under the influence of alcohol or DUI less safe, reckless driving, fleeing and attempting to elude, speeding, three counts of passing in a no-passing zone, and two
- [Ringgold, Catoosa County DUI: Double Jeopardy, buy one get one free](https://www.georgecreal.com/cases_of_note/ringgold_catoosa_county_dui_double_jeopardy_buy_one_get_one_free/) - Dean v. State, A11A0525, May 2, 2011. Martha Darlene Dean appealed from her motion to dismiss based on double jeopardy grounds. On May 21, 2009, she was involved in a collision just outside Ringgold in Catoosa County. She continued driving and collided with another car. She continued entering Ringgold from unincorporated Catoosa County and collided
- [Court of Appeals Affirms Vehicular Homicide Conviction despite reasonable alternative theory on circumstantial evidence](https://www.georgecreal.com/cases_of_note/court_of_appeals_affirms_vehicular_homicide_conviction/) - Shy v. State, A10A1696, Georgia Court of Appeals, March 29, 2011.Vehicular Homicide, 1st Degree; Reckless Driving; Failure to Maintain Lane, and Driving with a Suspended License. The city of Atlanta, Fulton County Superior Court Jury Trial. The driver struck Husband and Wife pulled over in the emergency lane of I-285 with a broken-down car killing
- [Court of Appeals rejects hard fought Cherokee DUI and finds fields relevant to establish blood alcohol](https://www.georgecreal.com/cases_of_note/court_of_appeals_finds_fields_relevant_to_establish_blood_alcohol/) - Holowiak v. State II, A10A2021, Georgia Court of Appeals, March 29, 2011. DUI per se; DUI less safe. Cherokee County State Court DUI Jury Trial. The Defendant Driver, Holowiak, was stopped at a roadblock in Cherokee County by the Sheriff's Department. The Officer smelled an odor of alcohol, observed red and glassy eyes, flushed face,
- [Sandlin v. State, Georgia Court of Appeal, Appeal No. A10A2197, Jan. 19, 2011: Spreading the Love](https://www.georgecreal.com/cases_of_note/sandlin_v_state_georgia_court_of_appeal_appeal_no_a10a2197_jan_19_2011_spreading_the_love/) - On January 19, 2011, the Georgia Court of Appeals expanded the scope of the Love v. State, 271 Ga. 398 (1999) which held unconstitutional the Georgia DUI statute that equated the presence of marijuana in a person's blood, breath, or urine to DUI regardless of the effect of the marijuana on the person under the Equal
- [A DUI defendant who does not fight his blood test result has a fool for a client according to the U.S. Supreme Court](https://www.georgecreal.com/cases_of_note/a_dui_defendant_who_does_not_fight_his_blood_test_result_has_a_fool_for_a_client/) - U.S. Supreme Court finds DUI Blood tests are not foolproof. Bullcoming v. New Mexico, 09-10876, decided June 23, 2011, footnote 1. Gas chromatography is a widely used scientific method of quantitatively analyzing the constituents of a mixture. See generally H.McNair & J. Miller, Basic Gas Chromatography (2d ed. 2009) (hereinafter McNair). Under SLD’s standard testing
- [Georgia DUI Breath Test Due Process: A light on the horizon](https://www.georgecreal.com/cases_of_note/georgia_dui_breath_test_due_process_a_light_on_the_horizon/) - The Georgia DUI Breath Test Concurring Opinion heard round the world. Davenport v. State, s10G1355, June 20, 2011. "DUE PROCESS...YES.DUE PROCESS. HOLD ON A SECOND. I NEED A MINUTE. DUE PROCESS, I AM JUST GETTING USED TO IT." quote of a frazzled indigent defendant sitting in jail wearing two pairs of glasses, grey hair standing
- [No Bull. The Supremes are serious about Confrontation in DUI Blood Test Case](https://www.georgecreal.com/cases_of_note/no_bull_the_supremes_are_serious_about_confrontation_in_dui_blood_test_case/) - BULLCOMING v. NEW MEXICO, No. 09–10876, Supreme Court of the United States, Argued March 2, 2011—Decided June 23, 2011 Failure to have a lab analyst in court to testify about a state-administered test of the Defendant's blood in a DUI case no matter how mundane the task is a violation of the Confrontation Clause. The
- [Georgia Court of Appeals upholds Cobb DUI Judge's finding of no probable cause to arrest for DUI](https://www.georgecreal.com/cases_of_note/no_probable_cause_to_arrest_for_dui/) - In State v. Goode, A09A0362, the Georgia Court of Appeals upheld a Cobb County Trial Judge's grant of a motion to suppress based upon an Officer's lack of probable cause to arrest for DUI. The alleged DUI driver was first observed by the officer driving normally but the DUI Police Officer decided to run a
- [Douglas County: 4th Amendment prohibition against illegal searches and seizures does not apply in Georgia Probation Revocation Hearings anymore](https://www.georgecreal.com/cases_of_note/douglas_county_4th_amendment_does_not_apply_in_georgia_probation_revocation_hearings_anymore/) - Douglas County Drug Arrest Probation Violation: State v. Thackston, S10G1337, May 31. 2011. Georgia Supreme Court recently held that an illegal search in a Paulding County Drug arrest in violation of the Fourth Amendment of the United States and Georgia Constitution and Georgia Criminal code does not apply in a probation revocation hearing even if
- [Gwinnett DUI Plea: When a DUI can get you deported](https://www.georgecreal.com/cases_of_note/gwinnett_dui_plea_when_a_dui_can_get_you_deported/) - Gwinnett County DUI plea: LOPEZ v.THE STATE, A11A0676, Court of Appeals of Georgia (June 2, 2011). Opinion by Justice BARNES, Presiding Judge. Silverio Lopez appealed the Gwinnett County trial court's denial of his motion to withdraw his guilty plea to a Gwinnett County DUI Arrest. Lopez contends his trial counsel was ineffective in his failure
- [Cobb County, Marietta DUI: Why you should never represent yourself in a slam dunk DUI case](https://www.georgecreal.com/cases_of_note/cobb_county_marietta_dui_why_you_should_never_represent_yourself_in_a_slam_dunk_dui_case/) - Steed v. State, A11A0318, Georgia Court of Appeals, May 11, 2011. Evidence-Hearsay-Res Gestae Exception, Judges-Commenting on the evidence. Ellery Myron Steed was arrested for DUI in Marietta, Georgia DUI. He tried his Cobb County DUI Case in front of a jury of six in the Cobb County State Court. On July 11, 2009, Steed was
- [Jasper County DUI: Sober and lost during the first stop, five minutes later, second stop under the influence of drugs and unsteady, same police officers?](https://www.georgecreal.com/cases_of_note/jasper_county_dui_sober_one_minute_drunk_the_next/) - Jasper County DUI, Prescription Drug DUI: RIVERA v.THE STATE, A11A0132, Court of Appeals of Georgia, May 9, 2011. DOYLE, Judge. Deborah Rivera was arrested in Jasper County Georgia for failure to maintain lane and Prescription Drug DUI. She was convicted by a jury and appealed from her conviction for committing two counts of DUI less
- [Athens DUI, Clarke County: Reasonable Accommodation of an Independant or additional blood test](https://www.georgecreal.com/cases_of_note/athens_dui_clarke_county_reasonable_accommodation_of_an_independant_or_additional_blood_test/) - State v. Davis, A11A0097, May 12, 2011. DUI-Implied Consent-Additional Tests-Reasonable Accommodation. Danielle Davis was arrested for DUI at a roadblock in downtown Athens, Clarke County Georgia on June 27, 2009. The Trooper read Ms. Davis the implied consent rights for a breath test. Ms. Davis agreed but she requested an independent blood test. The Trooper
- [Tunali v. State, A11A1158, Georgia Court of Appeals, from Troup County State Court](https://www.georgecreal.com/cases_of_note/tunali_v_state_a11a1158/) - In Tunali v State, an appeal from the denial of a motion to suppress in the Troup County State Court, Tunali raised two issues. First, the Court could not take judicial notice of Department of Public Safety ("DPS") rules allowing a stop of Tunali's vehicle, a Ford F-250 pick-up truck displaying a hazardous material placard. The
- [Boykins v. State, Georgia Supreme Court, S11G0643, November 7, 2011: the rare case justifies a warrantless search](https://www.georgecreal.com/cases_of_note/boykins_v_state_georgia_supreme_court_s11g0643_november_7_2011_the_rare_case_justifies_a_warrantless_search/) - Boykins v. State, Georgia Supreme Court, S11G0643, November 7, 2011. In a DeKalb County Drug Arrest, the Georgia Supreme Court held that it is the rare case that justifies a warrantless search. Boykins was observed pulled over talking to a woman on the side of the street. The police turned around. Boykins drove off to
- [State v. Kelly, S11A0734, November 7, 2011: Plain Error review of Jury charges is required](https://www.georgecreal.com/cases_of_note/state_v_kelly_s11a0734/) - State v. Kelly, S11A0734, November 7, 2011: The Georgia Supreme Court reversed a Fulton County Superior Court felony murder conviction for errors in the charge of law to the jury. Plain Error Review of Georgia jury charges is required under the plain language of O.C.G.A. 17-8-58(b) resolving inconsistency with appellate decisions in which some decisions held
- [Cobb County DUI Jury Trial by Judge Bowers Reversed: Wagner v. State, a refusal is not evidence of impairment](https://www.georgecreal.com/cases_of_note/cobb_county_dui_jury_trial_by_judge_bowers_reversed/) - Wagner v. State, A11A0895, Court of Appeals of Georgia, September 7, 2011. Wagner was convicted of DUI by a jury in Cobb County State Court by Judge Carl Bowers. On October 3, 2008, James D. Wagner was at a restaurant when his 4-year-old child ran outside in the parking lot and fell. Bystanders called the police
- [Dade County Georgia DUI Conviction; "more tests" does not mean additional or independent chemical tests but field sobriety tests under the implied consent law](https://www.georgecreal.com/cases_of_note/dade_county_georgia_dui_conviction/) - Avery v. State, A11A1340, Court of Appeals of Georgia, September 7, 2011 . Jesse Trotter Avery was charged with DUI per se, failure to maintain lane, and driving with a suspended license. He filed a motion to exclude his breath test result on the Intoxilyzer 5000 as a result of his request for an additional
- [Clayton County DUI Jury Trial Appeal: If you don't win less safe, don't complain about the breath test](https://www.georgecreal.com/cases_of_note/clayton_county_dui_jury_trial_appeal/) - Riverdale, Clayton County DUI Jury Trial: Black v. State, A11A0242, June 14, 2011. Eric Black was found guilty after a DUI jury trial in Clayton County State Court before Judge John C. Carbo. Black was arrested for DUI in Riverdale after being seen weaving, having an odor of alcohol, bloodshot and watery eyes, slurred speech,
- [Source Code Evidence: You can subpoena evidence not just witnesses in Kentucky](https://www.georgecreal.com/cases_of_note/source-code-evidence-you-can-subpoena-evidence-not-just-witnesses-in-kentucky/) - Yeary v. State, S10G1085, Supreme Court of Georgia, June 20, 2011. Lisa Yeary was convicted in a bench trial of driving under the influence per se based on evidence that the Intoxilyzer 5000 recorded her breath alcohol as .179 grams. The Trial Court had denied Yeary's motion to obtain evidence possessed by CMI, Inc., a
- [Georgia Breath Testing Source Code Returns: Episode One -Necessity demands a road trip to Kentucky](https://www.georgecreal.com/cases_of_note/georgia_breath_testing_source_code_returns_episode_one_-necessity_demands_a_road_trip_to_kentucky/) - Davenport v. State, S10G1355, Supreme Court of Georgia, June 20, 2011. Emily Davenport filed a motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State, O.C.G.A. 24-10-90 to obtain evidence of the internal workings of the Intoxilyzer 5000, specifically the source code, from employees at CMI, Inc. in Kentucky. Davenport
- [Dude, Where is my DUI? Jurisdiction for a Georgia DUI arrest](https://www.georgecreal.com/cases_of_note/dude_where_is_my_dui_jurisdiction_for_a_georgia_dui_arrest/) - Cherokee County DUI, Holly Springs, Georgia: Criddle v. State, A11A0044, Court of Appeals of Georgia, June 16, 2011. A Holly Springs Police Officer received a call about a DUI on Hickory Road in the City of Holly Springs in Cherokee County. When the Holly Springs Police Officer got there, he found Criddle's pick-up truck hanging
- [Greene v. State, A11A1067, November 17, 2011: It is legal to remove over 50 percent of African American Jurors from the pool of potential jurors](https://www.georgecreal.com/cases_of_note/greene_v_state/) - Greene v. State, A11A1067, November 17, 2011: Harry Greene was found guilty of DUI less safe and per se in Henry County after a jury trial. He appealed because the jury pool he was presented was not a fair cross-section of the community as African Americans were under-represented and on the failure of the Court
- [Rowell v. State, A11A1231, November 15, 2011: Blow correctly or go to jail is not custody for purpose of Miranda](https://www.georgecreal.com/cases_of_note/rowell_v_state_a11a1231/) - Rowell v. State, A11A1231, November 15, 2011: Laura Rowell was stopped for DUI in Houston County, Georgia after slamming on brakes and stopping past the stop bar at a red light. She appealed the Houston County Georgia Trial Court's denial of her motion to suppress evidence at a motion hearing. The Court found that there
- [Wilder v. State, S10G1897, November 7, 2011: Search and Seizure of Locked Briefcase in home of another](https://www.georgecreal.com/cases_of_note/wilder_v_state_s10g1897/) - Wilder v. State, S10G1897, November 7, 2011:Illegal Search of a Briefcase. The Georgia Supreme Court reversed the conviction of a Lincoln County Georgia Trial Court for child molestation, sexual exploitation of a child involving Wilder and a 15-year-old girl. The Georgia Supreme Court held that a person has to stand under the 4th Amendment
- [Shelly v. State, A11AQ2172, November 14, 2011: Douglas County Roadblock valid when approved by Chief Deputy](https://www.georgecreal.com/cases_of_note/shelly_v_state/) - Shelly v. State, A11AQ2172, November 14, 2011: Ronald Shelley was stopped a roadblock in Douglas County. Shelley contested the Roadblock before the Trial Court in Douglasville, Georgia on the basis that the roadblock was not approved by an authorized supervisor for a legitimate primary purpose. The Court of Appeals reviewed the case de novo finding the
- [Ogilvie v. State, A11A0862, November 4th, 2011: An Accident Jury Charges is available in a Georgia Second Degree vehicular homicide case even though it is a strict liability offense](https://www.georgecreal.com/cases_of_note/ogilvie_v_state/) - Ogilvie v. State, A11A0862, November 4th, 2011: Shirley Ogilvie appeals from her conviction for vehicular homicide in the second degree and failure to yield to a pedestrian in a crosswalk in DeKalb County State Court. She alleged that the accusation was fatally defective because it did not set out the elements of the offense and
- [Buford v. State, A11A1518, November 4, 2011: Being told "I am charging you with DUI" while in a hospital bed is a DUI arrest for purposes of Implied Consent](https://www.georgecreal.com/cases_of_note/buford_v_state/) - Buford v. State, A11A1518, November 4, 2011: Robert Buford appealed his DUI conviction and the denial of his motion to suppress blood test result from his DUI in Cherokee County State Court in Canton Georgia alleging that he was not under arrest for DUI so consent was not implied for purposes of Georgia law and
- [Masood v. State: Doraville DeKalb County Less Safe DUI - No inconsistent Verdict Rule in Georgia](https://www.georgecreal.com/cases_of_note/masood_v_state_doraville_dekalb_county_less_safe_dui_-_no_inconsistent_verdict_rule_in_georgia/) - MASOOD v. THE STATE, A11A2246, Court of Appeals of Georgia, Appealed from DeKalb County State Court, Decatur, Georgia. The Appellant, Naveed Masood, was stopped for DUI in Doraville, Georgia. The Doraville Police Officer testified that Masood straddled two lanes, drifted into a turn lane, made a wide turn, and then swerved. The Officer initiated a
- [Martin v. State, A11A1922, December 7, 2011: Roadblock appealed from Douglas County State Court - Actual Supervisor who approved Roadblock is not necessary](https://www.georgecreal.com/cases_of_note/martin_v_state/) - Martin v. State, A11A1922, December 7, 2011: Martin was arrested for a marijuana/drug DUI after being stopped at a roadblock. She appealed the Douglasville Trial Court's finding that the Roadblock was Constitutionally adequate. The Georgia Court of Appeals routinely has held that Roadblock is permissible when: the State must prove that a highway roadblock program
- [Luckey v. State: Fulton County DUI Jury Trial - Request for Additional Test must be Reasonable](https://www.georgecreal.com/cases_of_note/luckey_v_state_fulton_county_dui_jury_trial_-_request_for_additional_test_must_be_reasonable/) - LUCKEY v. THE STATE, A11A1699, Court of Appeals of Georgia. Jimmie Luckey was arrested for DUI in Fulton County. He was taken to jail took a breath test and blew over the legal limit. Mr. Luckery requested an additional test of his blood as was his right under Georgia law. However, he would not allow
- [Travis v. State: Meriwether County Under 21 DUI and Reckless Driving – Statutory Presumption of Sobriety Not Applicable to Under 21 DUI](https://www.georgecreal.com/cases_of_note/travis_v_state/) - TRAVIS v. STATE, A11A1941, Meriwether Superior Court, Appealed from Meriwether County State Court. In 2009, the then 20-year-old Appellant, Kaitlin Travis, was stopped for speeding 32 m.p.h over the posted speed limit late at night on a portion of a highway designated as a construction zone. The officer smelled alcohol emanating from her car. When asked
- [Yeary v. State - S10G1085: You can subpoena the manufacturer of the Georgia DUI breath test but that dog won't hunt](https://www.georgecreal.com/cases_of_note/yeary_v_state/) - Yeary v. State was appealed to the Georgia Supreme Court on multiple counts, one of which dealt with the denial of a motion to obtain the source code of the Intoxilyzer 5000 under the Uniform Act to Secure the Attendance of Witnesses from Without the State (OCGA § 24-10-90 et seq.). The Supreme Court reaffirmed
- [Korponai v. State - OCGA §17-8-57: The Letter of the Law - Union County Superior Court, Blairsville, GA DUI Jury Trial](https://www.georgecreal.com/cases_of_note/korponai_v_state/) - In the early morning of 5/30/2008, Sandor Korponai failed to negotiate a left turn, lost control of his truck, and crashed into a fence on private property in Union County Georgia. Upon awakening, the owner called 911. The owner noted a smell of alcohol on Kornopai, a lack of balance, and slurred speech. After assessing
- [Florence v. Board of Chose Freeholders of County of Burlington et al.: U.S. Supreme Court okays strip searches for non-serious crimes like DUI arrests and traffic stops](https://www.georgecreal.com/cases_of_note/us_supreme_court_okays_strip_searches_for_non-serious_crimes_like_dui_arrests_and_traffic_stops/) - In Florence v. Board of Chosen Freeholders, the petitioner argues that an involuntary visual strip search of a detainee absent of reasonable suspicion that he or she may attempt to smuggle contraband into the general population of a jail violates the Fourth and Fourteenth Amendments of the Constitution. In a 5-4 decision, the Supreme Court concluded that
- [Hite v. State - A11A2008: The Finer Points of the Hearsay Rule: when a affidavit is not testimonial and when law enforcement is regular business](https://www.georgecreal.com/cases_of_note/hite_v_state_a11a2008/) - On February 23, 2008, Gary Todd Hite was arrested at approximately 3:30 a.m for DUI at a Georgia State Patrol roadblock. Hite motioned to suppress evidence, claiming the roadblock was unconstitutional. The trial court denied Hite's motion and the Court affirmed their decision. On appeal, Hite did not dispute testimony, and when appealing a denial
- [Cristy v. State - A11A2152: When an Unconstitutional stop is Constitutional? Say What?!](https://www.georgecreal.com/cases_of_note/cristy_v_state_a11a215/) - At 7:30 p.m. on August 2009, a Gwinnett County Police officer signaled Curt Christy to pull over because of excessive window tinting. Christy did not pull over, but sped up and turned into a nearby subdivision, eventually pulling into the driveway of his residence. Because Christy proved a minor pursuit and the officer could not
- [Arizona v. United States - Arizona Immigration Reform: What does the SCOTUS decision mean for Georgia DUI Arrests? Nothing after the first 72 hours.](https://www.georgecreal.com/cases_of_note/arizona_v_united_states_decided_june_25_2012/) - In Arizona v. the United States, decided June 25, 2012, the United States Supreme Court held that Federal power preempts States' rights regarding the enforcement of immigration laws. The U.S. Supreme Court decision struck down the provisions of the Arizona law that made it a state crime to hire illegal aliens and be in violation of
- [Padidham v. State – Georgia Supreme Court - S11G1808 - You can have your breath result when I say you can!](https://www.georgecreal.com/cases_of_note/padidham_v_the_state/) - In Padidham v. State - S11G1808, Appellant Jyothiswar Padidham was arrested, charged, and convicted of DUI after being stopped for speeding. At the time of his arrest, Padidham was informed of his Implied Consent Rights and his right, should he submit to a State-administered breath test, to a certified independent test of his choosing to confirm the
- [Jones v. State – S11G1054 - If you want to avoid a road block don't panic: stay calm and move on!](https://www.georgecreal.com/cases_of_note/s11g1054_jones_v_the_state/) - Jones v State, S11G1054, is an appeal from a DUI conviction after the Denial of a Motion to Suppress from the Coweta County State Court in Newman, Georgia on May 7, 2012. Micheal Jeffrey Jones was driving in his truck behind an SUV. As they approached the roadblock, the SUV took an abrupt turn into an empty
- [MILLER V. STATE - A121A000 - Good Cop or Bad Cop, You're Probably Going to Jail: Keeping Cool in the Hot Seat](https://www.georgecreal.com/cases_of_note/miller_v_state_-_a121a000/) - At around 3:00 a.m. on May 1, 2010, Scott C. Miller was pulled over for speeding. He was clocked at going 64 m.p.h in a 45 m.p.h zone. When the officer approached the vehicle he noticed a distinct odor of alcohol. The officer asked if Miller had been drinking. Miller responded that he hadn't had
- [Armour v. State - A12A0274 - Johnson County Drug DUI Appeal: When do you have DUI Drug Probable Cause?](https://www.georgecreal.com/cases_of_note/armour_v_state_a12a0274_johnson_county_drug_dui_appeal_when_do_you_have_dui_drug_probable_cause/) - Armor v. State - A12A0274 is an appeal of a Johnson County, Wrightsville, Georgia Jury Trial verdict heard on May 2nd, 2012. After a fatal collision, Defendant was arrested at the hospital. The Officer investigating the accident smelled burnt marijuana in the car, found small pieces of marijuana in the carpet of the car, and a
- [Blakely v. State - A12A0625: Avoiding a Roadblock Appeal: Buzz words - "Immediate" and "Sudden"](https://www.georgecreal.com/cases_of_note/blakely_v_state_a12a0625_avoiding_a_roadblock_appeal_buzz_words/) - In Blakely v. State - A12A0625, decided June 14, 2012, Blakely appealed the denial of a motion to suppress evidence from the Superior Court of Elbert County, Elberton, Georgia. The defendant was approaching a roadblock when he "immediately" made a "kind of sudden turn" according to the arrest report. Initially, the arresting officer testified that Defendant was
- [MISSOURI V. MCNEELY - 11-1425 - PART I: Supreme Court to Rule on Warrantless Blood Draws in DUI Cases](https://www.georgecreal.com/cases_of_note/missouri_v_mcneely_part_i/) - Soon the United States Supreme Court will rule on Missouri v. McNeely, a case that will decide if warrantless blood draws for drivers suspected of DUI are constitutional. Extensive analysis is already available, so we'll stick to parsing out the precedent and applying it to the facts of the case. At issue in this appeal is the balance of
- [WILLIAMS v. STATE - A12A1116 - Free Roadblocks For Everyone! - Constitutional Constraints on Illegal Sobriety Checkpoints Go Through the Wringer](https://www.georgecreal.com/cases_of_note/williams_v_state_-_a12a1116/) - At around 2:00 a.m. officers of the Bibb County Police “HEAT” unit stopped James Williams at a roadblock. The officers observed that Williams was intoxicated and arrested him for suspicion of DUI. On appeal, Williams does not argue the factual findings of the court but contends that the trial court erred when it denied his
- [HARKLEROAD v. STATE - A12A1079 - Improper Motions Let the Prosecution Take a Breather](https://www.georgecreal.com/cases_of_note/harkleroad_v_state_-_a12a1079/) - In the early morning of February 10, 2002, Mary Harkleroad was pulled over for speeding in Savannah, Georgia. The officer approached the driver's side of the vehicle and noticed a strong odor of alcohol. Harkleroad's eyes were bloodshot and her face was flushed. The passenger in the car claimed that he had been drinking and
- [SPANN V. STATE - A12A1507: A Win in the Battle to Obtain the Source Code for the Intoxilyzer 5000](https://www.georgecreal.com/cases_of_note/spann_v_state__a_win_in_the_battle_to_obtain_the_source_code_for_the_inoxilyzer_5000/) - Spann v. State (2012) - Georgia Court of Appeals In May 2007 Teresa Jean Spann was arrested for DUI. She was convicted after a bench trial in August of 2010. She appealed her conviction, contending that the trial court erred in allowing the admittance of similar transaction evidence and in denying her the issuance of
- [OTUWA V. STATE - A12A1382: The Limits of Charging Lesser Included Offenses For First-Degree Vehicular Homicide](https://www.georgecreal.com/cases_of_note/otuwa_v_state_lesser_included_offenses_for_first-degree_vehicular_homicide_/) - The record shows that Otuwa was in a single-vehicle accident on a residential road on August 3, 2008. He lost control of his car, crashed through a stop sign and street sign, veered off of the road, and flipped multiple times. Otuwa's sister and another passenger were thrown from the vehicle and died of their
- [STINSON V. STATE - A12A1592: In the Vicinity of a Roadblock? Beware! Police Have Greater Discretion Than Normal](https://www.georgecreal.com/cases_of_note/stinson_v_state_-_a12a1592_in_the_vicinity_of_a_roadblock_beware/) - On May 14, 2011, at around 1:47 a.m. the Jonesboro and Clayton County Police Departments were conducting a roadblock on Lake Jodeco Road in Clayton County. Stinson's pickup truck crested a hill that obscured the roadblock, and upon noticing the checkpoint he “stopped very suddenly and made a very sharp right turn” onto an adjacent
- [NAGATA V. STATE - A12A1957: Discrepancy in the Implied Consent Warning](https://www.georgecreal.com/cases_of_note/nagata_v_state_-_a12a1957_discrepancy_in_the_implied_consent_waring/) - Nagata v. State (2013) - Georgia Court of Appeals On December 12, 2009, Wataru Nagata was pulled over for failure to maintain a lane. When the officer made contact with Nagata he noticed the smell of alcohol and conducted an initial DUI investigation, which led to Nagata's arrest. The officer then read Nagata his implied consent
- [Florida v. Jardines: stop sniffing my curtilage](https://www.georgecreal.com/cases_of_note/florida-v-jardines-stop-sniffing-my-curtilage/) - Explore the implications of Florida v. Jardines on DUI cases with insights from Atlanta DUI law firm George C. Creal, Jr. PC. Learn how this Supreme Court decision impacts your defense strategy
- [CLARK V. STATE - A12A1511: Georgia Court of Appeals Classic Re-Run - Constitutional Restrictions for Roadblocks Massaged (Again)](https://www.georgecreal.com/cases_of_note/clark_v_state/) - Clark v. State (2012) - Georgia Court of Appeals On May 30, 2010, Justin Clark was stopped at a roadblock in Polk County. The roadblock had been verbally authorized by a sergeant in the Georgia State Patrol. He testified that he implemented the roadblock to check driver's licenses, proof of insurance, and motorist sobriety. Two GSP
- [COGHLAN V. STATE - A12A2388 - The Nature of Evidence in a DUI Investigation](https://www.georgecreal.com/cases_of_note/coghlan_v_state_-_a12a2388_-_the_nature_of_evidence_in_a_dui_investigation/) - Coghlan v. State (2013) - Georgia Court of Appeals Around 2:00 a.m. on September 16, 2006, Donna J. Coghlan was pulled over for driving on the wrong side of the road. The officer approached the vehicle and noticed a strong odor of alcohol. When he took Coghlan's license and walked back to his patrol car to
- [JONES V. STATE - A12A1795: Is Implied Consent Dead?](https://www.georgecreal.com/cases_of_note/jones_v_state_-_a12a1795_is_implied_consent_dead/) - Jones v. State (2013) - Georgia Court of Appeals On October 30, 2011, Robert Lee Jones was pulled over, and after a standard investigation, arrested for suspicion of DUI. The arresting officer read Jones his implied consent rights, specifically asking if Jones would submit to a blood test. Jones agreed and was transported to the jail
- [CRIDER v. STATE - A12A2414: The Gray-Areas of Miranda and Initial DUI Investigations](https://www.georgecreal.com/cases_of_note/crider_v_state_-_a12a2414_miranda_and_initial_dui_investigations/) - Crider v. State (2013) - Georgia Court of Appeals Terri Crider was pulled over for failure to maintain the lane. When the officer made contact with Crider, he noticed the odor of alcohol on her breath, bloodshot and glassy eyes, and slightly slurred speech. Crider admitted to having been drinking and even said that she was
- [JOHNS V. STATE - A12A1794: The Importance of Court Reporters](https://www.georgecreal.com/cases_of_note/johns_v_state_-_a12a1794_the_importance_of_court_reporters/) - Johns vs. State (2013) - Georgia Court of Appeals On March 23, 2010, Brian Louis Johns, Jr. got into an argument with his live-in girlfriend in his girlfriend's apartment and damaged some of her clothes. She called the police. Johns left, and when the police showed up at his girlfriend's apartment, she told them that Johns
- [SUTTON V. STATE - A12A2223: Measuring the Reliability of Anonymous Informants](https://www.georgecreal.com/cases_of_note/sutton_v_state_-_measuring_the_reliability_of_anonymous_informants_/) - Sutton v. State (2013) - Georgia Court of Appeals In late 2010, an informant by the alias “It” contacted the Flowery Branch Police Department with allegations that Eric Sutton was using and distributing illegal drugs. “It” claimed to have received his information from “Source A” as identified in the affidavit. “It” had a personal relationship
- [STALLINGS V. STATE - A12A1929: Gauging the Influence of Objectionable Evidence Presented to a Jury](https://www.georgecreal.com/cases_of_note/stallings_v_state_-_a12a1929_gauging_the_influence_of_objectionable_evidence_presented_to_a_jury/) - Stallings v. State (2013) - Georgia Court of Appeals At 1:00 a.m. on March 26, 2011, a DeKalb County Police Officer responded to a call about a driver asleep at the wheel of an intersection. Upon reaching the intersection, the officer saw Dominique Stallings' vehicle, which fit the description, parked irregularly in a nearby parking
- [Missouri v. McNeely, SCOTUS rejects warrantless DUI Blood tests](https://www.georgecreal.com/cases_of_note/missouri_v_mcneely_scotus_rejects_warrantless_dui_blood_tests_/) - On April 17, 2013, in Missouri v. McNeely, the Supreme Court of the United States (SCOTUS) rejected a per se rule allowing warrantless, non-consensual blood tests in DUI cases. The State of Missouri had argued that because blood tests dissipate at .015 to .020 an hour there should be an exception to the warrant requirement
- [HINTON V. STATE (2013) Direct Evidence and the Reasonable Hypothesis Defense](https://www.georgecreal.com/cases_of_note/hinton_v_state_direct_evidence_and_the_reasonable_hypothesis/) - HINTON v. STATE - (2013) - Georgia Court of Appeals Around 11:50 p.m. an Atlanta Police Officer who had served on the APD DUI task force for over seven years, and had made 600 DUI arrests, observed a car traveling toward him that appeared to be speeding. With a laser-speed detection device, the officer determined that
- [ACREE V. STATE - A12A2057: When Video Evidence Isn't Enough](https://www.georgecreal.com/cases_of_note/acree_v_state_-_a12a2057_when_video_evidence_isnt_enough/) - Acree v. State (2013) - Georgia Court of Appeals On the night of April 19, 2008, an officer in Forsyth County pulled over William Garrett Acree for failure to maintain a lane. At a motion to suppress evidence the officer testified that before he activated the camera in his patrol car, he observed Acree cross the
- [Mitchell v. State – A13A0035 – Roadblocks: safety concerns are okay](https://www.georgecreal.com/cases_of_note/mitchell-v-state-a13a0035-roadblocks-safety-concerns-are-okay/) - In Mitchell v. State, A13A0035, April 30, 2013, the Georgia Court of Appeals held affirming the Dublin Georgia Laurens County Trial Court ruling in this Marijuana case that “for safety reasons and sobriety purposes” is a legitimate primary purpose for a Roadblock under Georgia and Federal law which had previously been limited to license checks, sobriety
- [State v. Gaggini and State v. Barnard out of state license implied consent](https://www.georgecreal.com/cases_of_note/state-v-gaggini-and-state-v-barnard-out-of-state-license-implied-consent/) - In State v. Gaggini, A12A2454, 03/28/2018 and State v. Barnard, A121A2445, 03/28/2013, the Gwinnett County Solicitor's Office appealed to Gwinnett County State Court Judge Joseph Iannazzone. Both cases involve whether the proper implied consent rights were read to out-of-state licensees. Georgia law requires that Officers not tell State licensees that they will lose their out-of-state driver's
- [Waldron v. State - Search and Seizure - DUI - Closed Business](https://www.georgecreal.com/cases_of_note/waldron-v-state-search-and-seizure-dui-closed-business/) - On April 5th, 2013, the Court of Appeals affirmed the DeKalb County State Court's denial of the Defendant's Motion to Suppress in Walden v. State A13A0116, holding that the Police Officer had a reasonable suspicion to stop the Defendant's vehicle. The Police Officer responded to a burglary in progress after a real estate agent found several
- [Rolland v. State: Intoxilyzer 5000 – Judicial Comment – Appointment of Experts](https://www.georgecreal.com/cases_of_note/rolland-v-state-intoxilyzer-5000-judicial-comment-appointment-of-experts/) - In Rolland v. State, A13A0081, April 30, 2013, the Georgia Court of Appeals affirmed the Athens Georgia jury’s finding of Guilty as to a DUI per se and DUI less safe. Defendant Rolland had argued that the Judge had improperly commented on the evidence in violation of OCGA 17-8-57 by discussing the history of the use
- [Criswell v State – The Police can arrest for a DUI in your own driveway if you don't ignore them](https://www.georgecreal.com/cases_of_note/criswell-v-state-the-police-can-arrest-for-a-dui-in-your-own-driveway-if-you-dont-ignore-them/) - State v. Criswell, A14A0527, Court of Appeals of Georgia, May 29, 2014. Cristopher Criswell was charged with DUI less safe in Holly Springs, Cherokee County, Georgia, and got his case dismissed at a motion to suppress hearing because the Police had no reason to come on his property and arrest him. The State appealed and
- [Corey v. State – DUI Arrest – Open Garage is Curtilage](https://www.georgecreal.com/cases_of_note/corey-v-state-dui-arrest-open-garage-is-curtilage/) - In Corey v. State, A12A2365, March 13, 2013, the Georgia Court of Appeals held that the search of the DUI Defendant’s Cobb County home or its curtilage was presumptively unreasonable absent exigent circumstances or consent even in the presence of probable cause and reversed the Marietta Trial Court in this Cobb County DUI arrest. Physical entry
- [Simmons v. State – A13A0083 – specific consequences of a DUI Jury Trial Wavier need not be known](https://www.georgecreal.com/cases_of_note/simmons-v-state-a13a0083-specific-consequences-of-a-dui-jury-trial-wavier-need-not-be-known/) - In Simmons v. State, A13A0083, May 5th, 2013, the Georgia Court of Appeals held that there was no error in the Cobb County State Court Trial Judge’s acceptance of a waiver of the right to a jury trial before a bench trial in the Marietta Trial Court. The Court found that the DUI Defendant need not
- [Rodriguez v State - A12A2397 - License Plate Recognition Scanner - Rise of the Drones](https://www.georgecreal.com/cases_of_note/rodriguez-v-state-a12a2397-license-plate-recognition-scanner-rise-of-the-drones/) - In Rodriguez v. State - A12A2397 - April 12, 2013, a divided Georgia Court of Appeals affirmed the Gwinnett County stop and conviction of the Defendant and pondered how far with Courts let the technology go in the face of the 4th Amendment prohibition against unreasonable searches and seizures. Rodriguez was stopped by a License Plate
- [Appling v State – A12A2137 – 4 Officers not Custody for Miranda during DUI stop](https://www.georgecreal.com/cases_of_note/appling-v-state-a12a2137-4-officers-not-custody-for-miranda-during-dui-stop/) - In Appling v. State, A12A2137, March 14, 2013, the Georgia Court of Appeals held that when Officers do not tell you that you are drunk, they intend to arrest you, put you in a police cruiser, handcuff you, wait in a specific location for a more experienced officer then you are not in custody for purposes
- [MARYLAND v ALONZO JAY KING JR – No 4th Amendment for DNA – "tax[ing] the credulity of the credulous" -SCOTUS – June 3 2013](https://www.georgecreal.com/cases_of_note/maryland-v-alonzo-jay-king-jr-no-4th-amendmetn-for-dna-scotus-june-3-2013/) - MARYLAND v ALONZO JAY KING JR. – No. 12-207- Supreme Court of the United States – June 3, 2013. In a 5 to 4 decision the Supreme Court approved under the 4th Amendment the collection of DNA samples from arrestees of serious, violent crimes as a routine booking procedure. Alzono King was arrested for menacing
- [State v Carr – Illegal Search and Seizure – Passengers are people too](https://www.georgecreal.com/cases_of_note/state-v-carr-illegal-search-and-seizure-passengers-are-people-too/) - State v. Carr - A13A0651-Search & Seizure-Passengers Have Rights Too June 11, 2013 The Fourth Amendment still has legs in the State of Georgia. And if a prosecutor tries to justify a search and seizure based on officer safety concerns, it might be a good idea to have the officer testify. On June 4, 2013,
- [Puckett v. State – A13A0264 – Expert Witness – Rule of Sequestration](https://www.georgecreal.com/cases_of_note/puckett-v-state-a13a0264-expert-witness-rule-of-sequestration/) - Puckett v. State, A13A0264, May 17, 2013. This case deals with DUI Expert Witnesses and the Rule of Sequestration during a DUI jury trial in Cobb County State Court located in Marietta, Georgia. Under O.C.G.A. 24-9-61 repealed on Jan 1st, 2013 by the new Georgia Evidence Code, either party has the right to have the
- [Strickland v State – old similars and trial strategy – Forsyth DUI](https://www.georgecreal.com/cases_of_note/strickland-v-state-old-similars-and-trial-strategy-forsyth-dui/) - Strickland v.State, A13A0245, Court of Appeals of Georgia, July 9, 2013. The Court of Appeals confirmed the Forsyth County jury’s finding of guilt on the charge of DUI less safe under the Georgia DUI statute. Strickland used the age-old you can’t prove I was driving defense. Unfortunately, it has been a myth since the discovery
- [Cronkite v State – July 1st 2013 – Intoxilzyer 5000 source code](https://www.georgecreal.com/cases_of_note/cronkite-v-state-july-1st-2013-intoxilzyer-5000-source-code/) - Cronkite v. State – S12G1927 – July 1st, 2013 In this appeal from the denial of a motion for a certificate of materiality under the Uniform Act to Secure Witnesses from Without the State, the Georgia Supreme Court affirmed the denial of the certificate of materiality. The Supreme Court held that a Georgia DUI Defendant
- [Sauls v. State-Substantially Incomplete Implied Consent-Officer Interrupted – Refusal Suppressed](https://www.georgecreal.com/cases_of_note/sauls-v-state-substantially-incomplete-implied-consent-officer-interrupted-refusal-suppressed/) - Sauls v. State-S12G1292-Implied Consent-Officer Interrupted, Refusal Suppressed (June 17, 2013) Reversing a prior ruling from the Georgia Court of Appeals and excluding the Breath test from the Carrollton Trial Cout in this Georgia Per Se DUI case, this Court held that the Caroll County police officer made a material omission in reading implied consent after
- [Johnson v. State – A13A0397 – Police video can be used against you but not the Police](https://www.georgecreal.com/cases_of_note/johnson-v-state-a13a0397-police-video-can-be-used-against-you-but-not-the-officer/) - JOHNSON, JR. v. THE STATE, A13A0397, Court of Appeals of Georgia, July 3, 2013. William Holland Johnson, Jr. was found guilty of DUI by a Forsyth County Jury in the State Court of Forsyth County in Cumming, Georgia. He appealed arguing that the Horizontal Gaze Nystagmus (HGN) test should have been excluded, he was denied
- [Janasik v. State – old similars – ineffective assistance – continuance](https://www.georgecreal.com/cases_of_note/janasik-v-state-old-similars-ineffective-assistance-continuance/) - Janasik v. State, A13A0253, Court of Appeals of Georgia, July 9, 2013. The Court of Appeals affirmed the Fulton County Trial Court’s denial of a motion for a new trial after a jury found Janasik guilty of DUI less safe, failure to maintain lane, and a seat belt violation. Janasik argued that the trial erred
- [Felton v State – A12A0244 – July 3 2013 – Pat Downs are not automatic](https://www.georgecreal.com/cases_of_note/felton-v-state-a12a0244-july-3-2013-pat-downs-are-not-automatic/) - Felton v. State, A13A0244 - July 3, 2013. Hands Off Officer! – Marijuana Suppressed After Illegal Pat-down – Houston County, Warner Robins, Georgia. A “heated verbal argument” between a Houston County woman and a man, later identified as Jermoris Felton, was witnessed by a concerned citizen who called the police. Upon the arrival of the
- [State v Nash the 4th Amendment still smells fresh in Georgia](https://www.georgecreal.com/cases_of_note/state-v-nash-the-4th-amendment-still-smells-fresh-in-georgia/) - State v. Nash, A13A0200, A13A0201, Court of Appeals of Georgia, July 16, 2013. The sweet smell of Constitutional rights permeated the Georgia Court of Appeals after reversing a Gwinnett County trial court’s ruling denying the suppression of cocaine, ecstasy, and marijuana, based in part on a Gwinnett County Police officer’s testimony to the “overwhelming odor
- [State v Conner – A13A0371 – Georgia DUI Roadblocks – No Cones – No Signs – No problem](https://www.georgecreal.com/cases_of_note/state-v-conner-a13a0371-georgia-dui-roadblocks-no-cones-no-signs-no-problem/) - THE STATE v. CONNER, A13A0371, Court of Appeals of Georgia, July 3, 2013. On Appeal by the State after the granting of a motion to suppress an illegal, unconstitutional roadblock, the Court of Appeals reversed the trial court ruling by the Cobb County Trial Court finding that the roadblock at issue was not well identified.
- [Lewis v. State A13A1263 Anonymous Tip of driving slow in area of thefts not good enough for stop](https://www.georgecreal.com/cases_of_note/lewis-v-state-a13a1263-anonymous-tip-of-driving-slow-in-area-of-thefts-not-good-enough-for-stop/) - Lewis v. State A13A1263 – August 13, 2013. The Georgia Court of Appeals held that an “Anonymous Tip” of a chevy blazer driving slowly in the area of thefts in Twiggs County Georgia is not good enough basis under the 4th Amendment to justify a traffic stop to investigate criminal wrongdoing as it is not
- [Green v State – DUI bench trial – Asleep at the wheel](https://www.georgecreal.com/cases_of_note/green-v-state-dui-bench-trial-asleep-at-the-wheel/) - In Green v. State, A13A1260, September 11, 2013. the Georgia Court of Appeals affirmed in part and reversed in part the judgment of the Trial Court Judge in the Houston County State Court from a DUI arrest arising out of Warner Robins, Georgia. Defendant Green was found asleep at the wheel of his running car parked
- [State v Hamlett gps tracking warrant denied on appeal](https://www.georgecreal.com/cases_of_note/state-v-hamlett-gps-tracking-warrant-denied-on-appeal/) - State v. Hamlett A13A0474; A13A0882 Court of Appeals of Georgia, decided 7/16/13, 8/7/13. The Court of Appeals of Georgia picked up the fumble by a Cobb County Superior Court judge and overturned the conviction of the brothers Hamlett. The judge had issued an order allowing for the placement of a GPS monitor on Jalim Hamlett’s truck.
- [Walker v. State – Fourth Amendment Seizure – Just Walk Away](https://www.georgecreal.com/cases_of_note/walker-v-state-fourth-amendment-seizure-just-walk-away/) - Walker v. State, A13A0444, Court of Appeals of Georgia, decided July 12, 2013. When The James Gang sang to “just turn your pretty head and walk away,” they surely weren’t encouraging Ernest Walker to do so in the face of a police officer. However, that’s more or less what Mr. Walker did, well he ran away after an
- [Young v State – Intox Source Code Drama- its either not specific or not credible or both](https://www.georgecreal.com/cases_of_note/young-v-state-intox-source-code-drama-its-either-not-specific-or-no-credible-or-both/) - Young v. State A13A0995, A13A0996, A13A01170-76, October 4th, 2013. The Georgia Court of Appeals denied 9 Athens DUI Defendant’s requests for certificates of materiality to obtain a subpoena for the computer source code which operates the Intoxilyzer 5000, the official state-administered chemical alcohol DUI breath test machine for the State of Georgia, from the manufacturer of
- [Lee v State – Implied Consents Rights – Rights you dont have a Right to Understand](https://www.georgecreal.com/cases_of_note/lee-v-state-implied-consents-rights-rights-you-dont-have-a-right-to-understand/) - On September 26, 2013, the Georgia Court of Appeal found that you do not have a right to translation of Implied Consent into the language you can understand. Lee v. State, A13A1067 (Sept. 26, 2013). Seung Lee appealed her conviction of DUI less safe after a bench trial arguing that he did not understand the Georgia
- [Smith v State – the Rule of Sequestration – its not just for breakfast anymore](https://www.georgecreal.com/cases_of_note/smith-v-state-the-rule-of-sequestration-its-not-just-for-breakfast-anymore/) - In Smith v. State, A13A1441, October 3, 2013, the Georgia Court of Appeals found that rule of sequestration of witnesses, where one witness can not watch another witness testify, applies to both jury trials, Judge trials, and preliminary motion hearings in Georgia DUI cases. At the Trial Court in the Gwinnett County State Court in Lawrenceville,
- [Cawley v State – Constitutional Speedy Trial Requires findings of fact](https://www.georgecreal.com/cases_of_note/cawley-v-state-constitutional-speedy-trial-requires-findings-of-fact/) - Cawley v. State, A13A2238, October 25, 2013. The Georgia Court of Appeals vacated the Glenn County Trial Court denied of a Constitutional Motion for Speed Trial in a case involving a 2009 arrest that was not brought to Trial by April 2013. The Brunswick Georgia Trial Court issued an order summarily denying the Constitutional Motion
- [Williams v. State – Roadblock policy must be Constitutional for roadblock to legal](https://www.georgecreal.com/cases_of_note/williams-v-state-roadblock-policy-must-be-constitutional-for-roadblock-to-legal/) - Williams v. State, S13G0178, October 21, 2013. In a DUI arrest from Macon, Georgia, a Bibb County DUI roadblock was declared Unconstitutional by Georgia Supreme Court because the Bibb County Sheriff’s Department policy sanctioned roadblocks for general crime deterrence. The Bibb County Sheriff’s Department policy stated, ” Vehicle Roadblocks- Vehicles may also be stopped at
- [Brown v State – Legal Roadblocks must be specifically planned in advance](https://www.georgecreal.com/cases_of_note/brown-v-state-legal-roadblocks-must-be-specifically-planned-in-advance/) - Brown v. State, S12G1287, October 21, 2013. The Georgia Supreme Court declared the Roadblock in Mr. Brown’s case unconstitutional in violation of the 4th Amendment. On April 6, 2010, there was a complaint about speeding, racing, and littering on Groover Road in Cobb County. On April 7, 2010, an officer was sent to survey the
- [Blanchard v State – ineffective assistance of counsel – hire an expert – DUI Diabetes](https://www.georgecreal.com/cases_of_note/blanchard-v-state-ineffective-assistance-of-counsel-hire-an-expert-dui-diabetes/) - Blanchard v. State, 13A1082, October 18, 2013. This is an appeal from a DUI jury trial in the State Court of Chatham County in Savannah Georgia. On appeal, Defendant alleged that it was ineffective assistance of counsel not to hire an expert witness to testify about his diabetes and how his diabetic condition could mimic
- [State v Smith – Search and Seizure is illegal without a warrant affidavit in Court](https://www.georgecreal.com/cases_of_note/state-v-smith-search-and-seizure-is-illegal-without-a-warrant-affidavit-in-court/) - Smith v. State, A13A1119, November 7, 2013. The Georgia Court of Appeals reversed the denial of a motion to suppress the seizure of marijuana plants as the State failed to produce the warrant affidavit in court along with the warrant and the testimony of the Officer at the motion to suppress hearing. There are three
- [State v. Johnson – A13A1590 – Prisoners are entitled to speedy trials too](https://www.georgecreal.com/cases_of_note/state-v-johnson-a13a1590-prisoners-are-entitled-to-speedy-trials-too/) - State v. Johnson, A13A1590, November 7th, 2013. The Court of Appeals affirmed the Trial Court’s granting of a motion for a constitutional speedy trial after just 3 years in a case originating out of the Municipal Court of Woodstock and Cherokee County State Court. Holly Johnson was charged with DUI in May of 2010. An
- [Shaw v. State – playing charades - when an inventory search is just pretext for an illegal seach](https://www.georgecreal.com/cases_of_note/shaw-v-state-playing-charades-when-an-inventory-search-is-just-pretext-for-an-illegal-seach/) - Shaw v. State, A13A1332, November 11, 2013. The Georgia Court of Appeals reversed Defendant Dustin Shaw’s motion to suppress marijuana found in his glove compartment as a result of an illegal search incident to arrest under the guise of a vehicle inventory search by the City of Elberton Police. Dustin Shaw was stopped after a police
- [State v. Hughes – the seige on standard of review continues and de novo wins again](https://www.georgecreal.com/cases_of_note/state-v-hughes-the-seige-on-standard-of-review-continues-and-de-novo-wins-again/) - State v. Hughes, A13A1399, Court of Appeals of Georgia, November 21, 2013. The Court of Appeals reversed the Trial Court in Columbus after granting a motion on probable cause that suppressed a blood test in a felony vehicular homicide. This case represents another in a long line of recent cases where traditionally an erroneous or any
- [Spragins v. State – when is a one man roadblock legal](https://www.georgecreal.com/cases_of_note/spragins-v-state-when-is-a-one-man-roadblock-legal/) - Spragins v. State, A13A0941, November 20, 2013. John Spragins has stopped a roadblock in Coweta County and was arrested for DUI. He appeals arguing that the roadblock was illegal in that vehicles were waived through because there was only one officer available to check them. A Lieutenant verbally instructed officers to conduct a DUI roadblock
- [Wallace v State – Yes or No Georgia DUI Implied Consent can be used against you](https://www.georgecreal.com/cases_of_note/wallace-v-state-yes-or-no-georgia-dui-implied-consent-can-be-used-against-you/) - Wallace v. State, A13A0942, PH-035C., Court of Appeals of Georgia, Decided: November 22, 2013. Willam Glynn Wallace was arrested for DUI. The arresting officer read Wallace Georgia Implied Consent. Wallace refused a breath test. Wallace then asked the arresting officer what would happen if he said yes to the test and could it be used
- [Heard v State – consent to search is no good where reason for stop is wrong](https://www.georgecreal.com/cases_of_note/heard-v-state-consent-to-search-is-no-good-where-reason-for-stop-is-wrong/) - Heard v. State, A13A0853, Court of Appeals of Georgia, Decided: November 22, 2013. James Heard was stopped by police in Franklin County because the Police Captain had told the Officer that a vehicle matching his car’s description had been involved in drug activity and because no tag validation sticker was visible. It turned out that the
- [McCormack v State – a weapons frisk is not authority to open a discovered pill container](https://www.georgecreal.com/cases_of_note/mccormack-v-state-a-weapons-frisk-is-not-authority-to-open-a-discovered-pill-container/) - McCormack v. State, A13A1390, November 22, 2013. James McCormack was stopped by police for walking in the roadway and obstructing traffic. He had a knife clipped to his belt so the Officer investigating McCormack for walking in the roadway performed a search for weapons for officer safety known as a Terry frisk. No weapons were
- [Phillips v. State – when a live witness is not testimonial – still searching for the Source Code in the Cold Kentucky Rain](https://www.georgecreal.com/cases_of_note/phillips-v-state-still-searching-for-the-source-code-in-the-cold-kentucky-rain/) - Phillips v. State, A13A0991, DO-036 C, Court of Appeals of Georgia, Decided: November 15, 2013. Just as Elvis sang in Kentucky Rain, Georgia lawyers are still searching for the Intoxilyzer 5000 source code while Kentucky rain keeps pouring down And up ahead’s another town that they’ll go walking thru with the rain in their shoes still searchin’
- [Smith v. State – outsourcing the Constituitional Responsibilities to Kentucky](https://www.georgecreal.com/cases_of_note/smith-v-state-outsourcing-the-constituitional-responsibilities-to-kentucky/) - Smith v. State, A13A1282, DO-048 C., Court of Appeals of Georgia, Decided: November 15, 2013. Jason Smith was involved in an automobile accident in Atlanta, Georgia, and Fulton County and arrested for DUI. He was treated by paramedics. Sergeant Teague of the Atlanta Police Department DUI task force was dispatched to the scene. Sergeant Teague met
- [Sullivan v. State – it does not take much evidence to uphold a DUI jury verdict](https://www.georgecreal.com/cases_of_note/sullivan-v-state-it-does-not-take-much-evidence-to-uphold-a-dui-jury-verdict/) - Sullivan v. State, A13A2037, March 21, 2014. Michael Sullivan was arrested for DUI less safe in Atlanta, Fulton County Georgia, after being observed by Trooper Osby, of the Georgia State Patrol Nighthawk unit, spinning out at an intersection going the opposite direction. Trooper Osby made a u-turn and pulled him over for doing 50 to 55 in a
- [State v Mitchell – State can not argue if not drunk should have taken test in DUI](https://www.georgecreal.com/cases_of_note/state-v-mitchell-sate-can-not-argue-if-not-drunk-should-have-taken-test-in-dui/) - State v. Mitchell, A13A1829, March 20, 2014. A jury found Dantrell Mitchell guilty of DUI after the Prosecutor argued in closing that by refusing a DUI breath test the Defendant failed to take the opportunity to “prove his innocence.” The Georgia Court of Appeals held that a Prosecutor arguing that a refusal to take a
- [Jones v State – DUI Similars – Goodbye Bent of Mind and Course of Conduct – Finally](https://www.georgecreal.com/cases_of_note/jones-v-state-dui-similars-goodbye-bent-of-mind-and-course-of-conduct-finally/) - Jones v. State, A13A1940, Court of Appeals of Georgia, March 28, 2014. In January 2013, a Cherokee County jury found Michael Jones guilty of DUI Per Se (Breath test DUI), DUI less safe (Impaired driving DUI), and speeding. Jones appealed arguing that the Court erred by admitting evidence of his prior DUI conviction under OCGA
- [Taylor v State – when failure to cooperate with police is less safe DUI](https://www.georgecreal.com/cases_of_note/taylor-v-state-when-failure-to-cooperate-with-poilce-is-less-safe-dui/) - Taylor v. State, A13A1899, March 6. 2014. Jeffrey Taylor was arrested for DUI less safe and obstruction at a Douglasville, Douglas County Roadblock. The evidence showed that Mr. Taylor approached a roadblock. He was nervous, visibly shaking, breathing heavily, had glassy eyes but not red, had an odor of alcohol and his heart was beating
- [Bailey v State – State Breath test on the Intoxilyzer 5000 is not necessarily valid](https://www.georgecreal.com/cases_of_note/bailey-v-state-state-breath-test-on-the-intoxilyzer-5000-is-not-necessarily-valid/) - Bailey v. State, 323 Ga. App. 424, 747 S.E.2d 210 (2013). Christopher Bailey was found guilty of DUI per se under OCGA 40-6-391 (a)(5) by a jury. Bailey appealed alleging that the Fulton County Trial Court gave an erroneous instruction which shifted the burden to Defendant. The DUI Trial Court in Atlanta charged the jury
- [Lavertu v. State – What is not ineffective assistance of counsel in a DUI blood test case](https://www.georgecreal.com/cases_of_note/lavertu-v-state-what-is-not-ineffective-assistance-of-counsel-in-a-dui-blood-test-case/) - In Lavertu v. State, A13A2158, February 7, 2014. Jacqueline Lavertu was arrested in Douglas County for DUI less safe and DUI Per Se (having a blood alcohol content over 0.08), open container, and failure to maintain lane. The Jury found her not guilty of failure to maintain lane but found her guilty of DUI and
- [Pough v State - plowing new ground in Georgia DUI less safe by dicta](https://www.georgecreal.com/cases_of_note/pough-v-state-plowing-new-ground-in-georgia-dui-less-safe-by-dicta/) - Pough v. State, A13A2269, January 15, 2014. Clifford Pough was standing outside of his gold Jeep on the shoulder of I-85 in Gwinnett County when police pulled up to check the vehicle. No one was inside the Jeep and the vehicle was running but its lights were off. Pough allegedly told police that he was on
- [Plemmons v. State – Making Plemonade out of Plemons](https://www.georgecreal.com/cases_of_note/plemmons-v-state-making-plemonade-out-of-plemons/) - Plemmons v. State, A13A2452, February 18, 2014. Glenn Plemmons was convicted by a jury in Forsyth County, Cumming, Georgia of DUI less safe and driving on the wrong side of the road. Plemmons appealed after the trial court found that he had suffered a serious injury which negated the need for an arrest and reading
- [McAllister v State – Sweeping Implied Consent Under the Rug](https://www.georgecreal.com/cases_of_note/mcallister-v-state-implied-consent-is-dead/) - McAllister v. State, A13A1897, January 22, 2014. Daniel McAllister was arrested in Cherokee County after encountering a police roadblock. He refused the Deputies' request for a breath test after reading implied consent rights. The Deputy drove McAllister to the jail where he applied for a warrant from a local magistrate for a blood draw. The
- [Wing v. State – Stop after accident reported on 911 need no corroboration](https://www.georgecreal.com/cases_of_note/wing-v-state-stop-after-accident-reported-on-911-need-no-coberration/) - Wing v. State, A14A0136, Court of Appeals of Georgia, May 27, 2014. On April 7, 2013, police received a dispatch over the radio from a 911 operator that a car had struck another car parked in a church parking lot. When the officer arrived at the parking lot he observed a blue car driving away
- [Flading v State – License Suspension Hearing Agreements are admissible as stipulations at Trial](https://www.georgecreal.com/cases_of_note/flading-v-state-license-suspension-hearing-agreements-are-admissible-as-stipulations/) - Flading v. State, A14A0557, May 22, 2014. John Flading was convicted by a Fulton County jury of DUI less safe and failure to maintain lane after an arrest for DUI in the City of Roswell. The issue on appeal is whether the Agreement to rescind his administrative license suspension of one year for refusing the State’s
- [Carder v State – vehicular homicide can proceed after statute of limitations run on underlying DUI](https://www.georgecreal.com/cases_of_note/carder-v-state-vehicular-homicide-can-proceed-after-statute-of-limitations-run-on-underlying-dui/) - Carder v. State, A14A0221, Court of Appeals of Georgia, June 4, 2014. Tammy Fay Carder was arrested for DUI, Reckless Driving, and driving on the wrong side of the road on August 4, 2008, after crossing over the center line and striking another vehicle killing a passenger while smelling of wine in Forsyth County. She
- [Edison v State – offer by Police not to take to jail in exchange for a test is not a hope of benefit](https://www.georgecreal.com/cases_of_note/edison-v-state-offer-by-police-not-to-take-to-jail-in-exchange-for-a-test-is-not-a-hope-of-benefit/) - Edison v. State, A14A0208, Court of Appeals of Georgia, May 29, 2014. Lise Edison was convicted after a Fulton County Bench Trial of DUI less safe drugs after a bench trial. Edison was observed on July 20, 2008, weaving on the freeway and almost hitting another car. Edison looked sleepy and had droopy eyes and
- [Humphries v State – refusal means longer to bond out is not deceptive](https://www.georgecreal.com/cases_of_note/humphries-v-state-refusal-means-longer-to-bond-out-is-not-deceptive/) - Humphries v. State, A14A0626, Court of Appeals of Georgia, June 11, 2014. Jennifer Humphries was found guilty of DUI per se after a stipulated bench trial before Judge Alan Jordan in Cherokee County State Court in Canton. Jennifer Humphries was pulled over for weaving and driving slow in the fast lane in October of 2012.
- [State v Holmes – driving down a road late at night not reason for a investigatory stop by Police](https://www.georgecreal.com/cases_of_note/state-v-holmes-driving-down-a-road-late-at-night-not-reason-for-a-investigatory-stop-by-police/) - State v. Holmes, A13A2164, March 21, 2014. Travis Holmes was arrested for DUI and had his case thrown out after a motion to suppress the stop in the Cherokee County State Court in Canton, Georgia. Holmes was essentially stopped for driving on a road late at night after a report of vandalism at some local
- [State v Gauthier-4th Amendment-Reaching for 1st Tier Encounters – Lesson – just ignore the police](https://www.georgecreal.com/cases_of_note/state-v-gauthier-4th-amendment-reaching-for-1st-tier-encounters-lesson-just-ignore-the-police/) - In State v. Gauthier, A13A2430, (3/21/14), the Georgia Court of Appeals reversed a Gwinnett County trial court’s decision to suppress evidence in a DUI case based on lack of articulable reasonable suspicion. In this case, Defendant was alleged to have been seen by Gwinnett County police entering a parking lot after businesses were closed for the
- [Navarette v California - serving up freedom destroying cocktails with a sliver of patent falsity](https://www.georgecreal.com/cases_of_note/navarett-v-california-serving-up-freedom-destroying-cocktails-with-a-sliver-of-patent-falsity/) - https://www.youtube.com/watch?v=JyE4NFEB76o When people are stripped of their freedom it is generally done bit by bit until you realize that your freedom is lost. Pink Floyd sang it best in Goodbye Blue Sky, "Did you see the frightened ones? Did you hear the falling bombs? Did you ever wonder - Why we had to run for
- [Dorsey v State – you can run but you cannot hide from a DUI](https://www.georgecreal.com/cases_of_note/dorsey-v-state-you-can-run-but-you-cannot-hide-from-a-dui/) - Dorsey v. State, A14A0321, Court of Appeals of Georgia, April 21, 2014. Duandre Jamar Dorsey was found guilty by a jury of failure to yield, DUI less safe, serious injury by DUI. The jury found Dorsey not guilty of aggravated battery on a police officer. He appealed arguing that there was insufficient evidence to support his
- [Collins v State – Stipulated Bench Trials are for suckers](https://www.georgecreal.com/cases_of_note/collins-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
- [Sanders v State – Intoxilyzer source code is not material to a DUI](https://www.georgecreal.com/cases_of_note/sanders-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
- [Frost v. State – New Evidence code means prior similar DUIs are rarely admissible](https://www.georgecreal.com/cases_of_note/frost-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
- [Worlds v State – it takes some serious balls to base a stop on that](https://www.georgecreal.com/cases_of_note/worlds-v-state-that-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
- [Riley v California – Smart Phones enjoy 4th Amendment protections against unreasonable searches](https://www.georgecreal.com/cases_of_note/riley-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
- [State v Cartwright – 2 brake lights and a statute is not enough to avoid traffic stop](https://www.georgecreal.com/cases_of_note/state-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
- [Holland v State – wrong name on blood sample is not an abuse of discretion in overruling chain of custody](https://www.georgecreal.com/cases_of_note/holland-v-state-ignoring-sample-switching-is-not-an-abuse-of-discretion-in-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
- [Christian v State – the stop can be hearsay but the criminal history needs certified operator](https://www.georgecreal.com/cases_of_note/christian-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.
- [Denstaedt v. State – not knowing what experts review is always admissible is not ineffective](https://www.georgecreal.com/cases_of_note/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
- [Parker v State- Proffers can be hearsay](https://www.georgecreal.com/cases_of_note/parker-v-state-proffers-can-be-hearsay/) - Parker v. State, S14G1005, Feb. 16, 2015. The Georgia Supreme Court ruled that Georgia’s new Evidence Code allows hearsay evidence in determining whether an out-of-state person is a material witness to a Georgia criminal proceeding under our State’s Uniform Act to Secure the Attendance of Witnesses from Without the State, OCGA 24-13-90. Under § 24-1-2
- [Chernowski v State – what do you do with a problem like Fulton County](https://www.georgecreal.com/cases_of_note/chernowski-v-state-what-do-you-do-with-a-problem-like-fulton-county/) - Chernowski v. State, A14A2151, February 12, 2015. Dora Chernowski appealed her DUI conviction resulting from a 2004 single-car accident in Fulton County. She claimed that her Due Process rights were violated by a seven-year delay in the transmission of the trial court record to the Georgia Court of Appeals. She was tried and convicted by
- [Wolfe v Georgia Department of Driver Services – judgment from afar in time and space](https://www.georgecreal.com/cases_of_note/wolfe-v-georgia-department-of-driver-services-judgment-from-afar-in-time-and-space/) - Wolfe v. Georgia Department of Driver Services, A14A2286, January 26, 2015. In 1987 and again in 1989, Wolfe was convicted of a DUI-related offense in Illinois. Wolfe had never been a resident of Illinois and had never been issued a driver’s license by Illinois. In 1999, Wolfe moved to the State of Georgia and obtained
- [Cawley vs State – Constitutional Speedy Trial – Third Time is the Charm](https://www.georgecreal.com/cases_of_note/cawley-vs-state-constitutional-speedy-trial-third-time-is-the-charm/) - Cawley vs. State, A14A0996, November 21. 2014. The Georgia Court of Appeals remanded this case, a second time, again to the trial court to properly weigh the Barker v. Wingo, 407 U.S. 415 (92 SCt 2182, 33 LE2d 101)(1972) factors on its second appearance on interlocutory appeal. Defendant, Cawley, was arrested for DUI and speeding on February
- [Smith v State – DUI Field Evaluations are always admissible](https://www.georgecreal.com/cases_of_note/smith-v-state-dui-field-evaluations-are-always-admissible/) - State v. Smith, A14A1127, November 14, 2014. James Smith was charged with DUI less safe and failure to maintain lane. Following a hearing, the trial court suppressed two of the field evaluations performed by the Officer because they were not performed according to his National Highway Transportation Safety Administration (NHTSA) training. Judge Doyle writing for
- [Charales v State – State must present evidence of a Constitutionally valid roadblock policy](https://www.georgecreal.com/cases_of_note/charales-v-state-state-must-present-evidence-of-a-constitutionally-valid-roadblock-policy/) - Charales v. State, A14A1040, November 12, 2014. R. Charales was found guilty of driving under the influence after a bench trial in Fulton County. Charales appealed after the Court denied his motion to suppress his arrest based upon an allegedly illegal roadblock by Atlanta Police which resulted in his arrest. The State failed to present evidence
- [State v Padgett – Police requested DUI blood test must go to crime lab](https://www.georgecreal.com/cases_of_note/state-v-padgett-police-requested-blood-must-go-to-crime-lab/) - State v. Padgett, A14A1002, November 18, 2014. James Padgett was involved in a motorcycle wreck. Police responding to the accident tested Padgett’s breath with a portable breath test and read Padgett implied consent rights for a DUI blood test. Padgett was transported by ambulance to the hospital and the Police had a nurse at the
- [State v Walker – temporary halting is not a submission to authority or seizure under the 4th Amendment](https://www.georgecreal.com/cases_of_note/state-v-walker-submission-to-police-authority-before-the-4th-amendment-applies/) - State v. Walker, S13G1793, Georgia Supreme Court, October 20, 2014. The Georgia Supreme Court reversed the Georgia Court of Appeals in Walker v. State, A13A0444, July 12, 2013, where the Court of Appeals held that a police officer’s order to take your hands out of your pockets to Ernest Walker who then ran away was a second-tier
- [Rodriguez v US – no such thing as a de minimis expansion of traffic stop under the 4th Amendment](https://www.georgecreal.com/cases_of_note/rodriguez-v-us-no-such-thing-as-a-de-minimis-expansion-of-traffic-stop-under-the-4th-amendment/) - Rodriguez v. the United States, No. 13-9972, United States Supreme Court, Vacated and Remanded, April 21, 2015. Officer Struble, a K-9 police officer, made a traffic stop after observing Rodriguez driving on the highway shoulder. After checking Rodriguez’s license, tag, and insurance and the licenses of the passengers, Struble issued Rodriguez a warning for driving
- [Chavez-Ortega v State – by their deeds you shall know an arrest](https://www.georgecreal.com/cases_of_note/chavez-ortega-v-state-by-their-deeds-you-shall-know-an-arrest/) - Chavez-Ortega v. State, A14A2188, Reversed, March 24, 2015. By their words, they will deceive, but by their deeds, ye shall know them. Jonathan Chavez-Ortega was charged with DUI. Chavez was arrested by Cobb County Police. He was initially questioned and then he was detained, placed in handcuffs, and put in the rear of a police
- [Hughes v State- Probable Cause for DUI if reasonable cops can differ](https://www.georgecreal.com/cases_of_note/hughes-v-state-probable-cause-for-dui-if-reasonable-cops-can-differ/) - DUI Probable Cause Hughes v. State, S14G0622, March 16, 2015. Jack Hughes was required by police to submit to a blood test at the request of police after a fatal accident. Hughes moved to suppress the blood test result after he was charged as a result of there being no probable cause that he was DUI.
- [State v Barnes – Not not rescinded but rather fair and reasonable](https://www.georgecreal.com/cases_of_note/state-v-barnes-not-rescinded-but-fair-and-reasonable/) - State v. Barnes, A14A1915, Court of Appeals of Georgia, March 27, 2015. The State appealed the Fayette County State Court’s order suppressing a DUI alcohol breath test result because Barnes’ refusal to take the test was not rescinded. Barnes was pulled over and, after an investigation including a portable breath result, was arrested for DUI. She
- [California Supreme Court – DUI Field Sobriety Tests do not predict impairment](https://www.georgecreal.com/cases_of_note/dui-field-sobriety-tests-do-not-predict-impairment/) - DUI Law Appellate Quote of the day: Coffey v. Shiomoto, No. s213545, California Supreme Court (April 6, 2015);— P.3d —-, 2015 WL 1514610 (Cal.): “National Highway Traffic Safety Administration (NHTSA) released the results of a study in 1998 that evaluated the accuracy of the standardized field sobriety test (SFST) battery at BACs below 0.10 percent. (Stuster
- [Nguyen v State-why even a .078 DUI is not DIY](https://www.georgecreal.com/cases_of_note/nguyen-v-state/) - Nguyen v. State, A14A1806, March 2, 2015. Trung Nguyen was convicted of a DUI after representing himself. He appealed arguing that the Court erred in allowing the introduction of a prior DUI into evidence and allowing the prosecutor to comment about the prior DUI in her opening statement. He also appealed arguing that he did
- [Armentrout v State- No SOP Not a Constitutional Roadblock](https://www.georgecreal.com/cases_of_note/armentrout/) - ARMENTROUT v. STATE, A15A0093, Court of Appeals of Georgia, May 15, 2015. Renee Armentrout was stopped at a police roadblock implemented by the John’s Creek Police Department in Fulton County. She was ultimately arrested and charged with DUI. Armentrout challenged the Constitutionality of the Roadblock. The State bears the burden of establishing the Constitutionality of the
- [Jones v State – you can get a DUI with synthetic marijauna](https://www.georgecreal.com/cases_of_note/jones-v-state-you-can-get-a-dui-with-synthetic-marijauna/) - Jones v. State, A15A1142-AFF-June 9th, 2015. Brandon Jones was found guilty of Driving Under the Influence (DUI) less safe drugs under OCGA 40-6-392(a)(2) by a jury in Hall County State Court in Gainesville, Georgia. He challenged the sufficiency of the evidence and contended that Count 1 failed to charge him with a violation of Georgia
- [Davis v State – Submitting to Authority is not Actually Consent](https://www.georgecreal.com/cases_of_note/davis-v-state-implied-consent-is-not-actual-consent-to-a-test/) - Davis v. State, A15A0324-Vac/Rem-June12 2015. Cameron Davis was convicted after a bench trial of DUI less safe and DUI per se and reckless driving. Davis contended that his consent to the chemical test of his blood was only based upon implied consent which is not equivalent to the actual consent required by the 4th Amendment
- [Jones v State-Prior DUI comes into evidence to prove knowledge of voluntary driving when DUI](https://www.georgecreal.com/cases_of_note/jones-v-state-prior-dui-comes-into-evidence-to-prove-knowledge-of-voluntary-driving-when-dui/) - State v. Jones, S14G1061, June 1, 2015. The Georgia Supreme Court addressed the issue of whether under Rule 404(b) of Georgia’s New Evidence Code modeled after the Federal Rules of Evidence, a prior DUI conviction for DUI or “Other Acts Evidence” (Use of the term “Similar Transaction” is now officially discouraged) was admissible in a
- [Bostic v State – Trial Court reversed on DUI Probable Cause Denial](https://www.georgecreal.com/cases_of_note/bostic-v-state-trial-court-reversed-on-dui-probable-cause-denial/) - Bostic v. State, A15A0600, Reversed, June 25th, 2015. Perry Bostic appealed from the Trial Court’s denial of his motion to suppress his state-administered alcohol breath test from the Laurens County Superior Court wherein the Trial Court found that Police had “probable cause” to arrest him for DUI. The Court of Appeals agreed with Bostic and
- [Frost v State – Special Mens Rea means you have to stipulate stipulate stipulate](https://www.georgecreal.com/cases_of_note/frost-v-state-special-mens-rea-means-you-have-to-stipulate-stipulate-stipulate/) - Frost v. State, __ GA ___, S14G1767, Reversed, Supreme Court of Georgia, June 15, 2015. In Frost v. State, the Georgia Supreme Court reversed the Georgia Court of Appeals finding in Frost that under OCGA 24-4-417 prior DUIs offered to establish knowledge of the Defendant were admissible even if the prior DUI convictions involved refusals and not
- [It is about time to end race discrimination in Jury Selection](https://www.georgecreal.com/cases_of_note/it-is-about-time-to-end-race-discrimination-in-jury-selection/) - On November 2, 2015, the New York Times reported on the oral arguments in the United States Supreme Court case of Foster vs. Chatman, Case No. 14-8349. This is a Georgia Death penalty case where an all-white jury convicted Foster of capital murder and the death penalty. After the normal appeals were exhausted, an open record request was
- [HARTZLER v STATE – Hospital records are not testimonial under Crawford](https://www.georgecreal.com/cases_of_note/hartzler-v-state-hospital-records-are-not-testimonial-under-crawford/) - Hartzler v State, A15A0321, Affirmed, June 30, 2015. The Georgia Court of Appeals affirmed the felony vehicular homicide conviction of Colon Hartzler. Hartzler appealed alleging sufficiency of the evidence, a violation of the Confrontation Clause in the admission of his hospital blood tests, and charging the jury that negligence of the victim was irrelevant for
- [Brown v State – more than 13 miles too far for independent test](https://www.georgecreal.com/cases_of_note/brown-v-state-more-than-13-miles-too-far-for-independent-test/) - Brown v. State, A15A1425, Affirmed (November 13, 2015). Raymond Brown was arrested for DUI in Lawrenceville, Georgia in Gwinnett County. Officer Long of the Lawrenceville Police Department stopped Brown after observing him driving erratically. Officer Long performed standardized field sobriety evaluations and arrested Brown for DUI. He read Brown's statutory Georgia Implied Consent Breath Testing
- [State v Holt-50 minutes DUI investigative detention is not unreasonable](https://www.georgecreal.com/cases_of_note/state-v-holt-50-minutes-dui-investigative-detention-is-not-unreasonable/) - State v. Holt, A15A1483, Reversed, November 17, 2015. Jamie Sue Holt was arrested in Cherokee County, Georgia by the Georgia State Patrol after police spoke with her at a gas pump at a Kroger Gas Station while investigating another separate DUI incident. On April 28, 2014, a Georgia State Trooper was dispatched to a Kroger
- [Farmer v State – asking for a Urine test in response to Implied Consent](https://www.georgecreal.com/cases_of_note/farmer-v-state-asking-for-a-urine-test-in-response-to-implied-consent/) - In Farmer v. State, 335 GA. App. 679, 782 S.E.2d 786 (2016), the Court of Appeals found that asking for a urine test in response to the Georgia Implied Consent Rights is not a request for an additional test but only requesting that the Officer designate that test. The Court distinguished McGinn v. State, 268 Ga. App.
- [State v Thompson-Constitutional Speedy Trial Lost Blood](https://www.georgecreal.com/cases_of_note/state-v-thompson-constitutional-speedy-trial-lost-blood/) - State v. Thompson, A15A1626, Vacated and Remanded, Georgia Court of Appeals, November 18, 2015. Lauren Thompson brought a plea in bar concerning her DUI. The Trial Court granted the plea in the bar by finding that her Constitutional right to a speedy trial was violated as the blood sample was lost. The State appealed the
- [Mikell GA DDS v Hortenstine – Client pays for Attorney mistake for DUI license appeal](https://www.georgecreal.com/cases_of_note/mikell-ga-dds-v-hortenstine-client-pays-for-attorney-mistake-for-dui-license-appeal/) - Mikell (Georgia Department of Driver Services v. Hortenstine, A15A1576, Rev, November 17, 2015. Robert Mikell, Commissioner of the Department of Driver Services (hereinafter “Department”) appealed from the Trial Court’s order reversing the Department’s decision to deny as untimely, Jayson Hortenstine’s request for an administrative license hearing under OCGA 40-5-67.1. The Court of Appeals held that
- [Culpepper v State Refresher – Defendant testimony at a motion hearing is not admissible at trial](https://www.georgecreal.com/cases_of_note/culpepper-v-state-refresher-defendant-testimony-at-a-motion-hearing-is-not-admissible-at-trial/) - Culpepper v. State, 132 Ga. App. 733, 209 S.E.2d 18 (1974) is an old but very important case in criminal law. It stands for the proposition that the testimony of a Defendant in a motion to suppress can not be used against him at trial over objection and its ground for automatic reversal. Culpepper came
- [Birchfield v North Dakota – Need a Warrant for Blood test but just an arrest for Breath test](https://www.georgecreal.com/cases_of_note/birchfield-v-north-dakota-need-a-warrant-for-blood-test-but-just-an-arrest-for-breath-test/) - On June 23, 2016, the United States Supreme Court ruled in Birchfield v. North Dakota that the Fourth Amendment permits warrantless breath tests incident to arrest but not warrantless blood tests. This effectively means that police only need to arrest you for DUI to obtain a breath test and if you refuse or can not
- [State v. Oyeniyi-Will means May in Georgia DUI Implied Consent](https://www.georgecreal.com/cases_of_note/state-v-oyeniyi-will-means-may-in-georgia-dui-implied-consent/) - State v. Oyeniyi-A15A1724, Reversed, February 4th, 2016. The State appealed after the Clayton County Trial Court granted Adeshye Oyeniyi’s motion to suppress his DUI Alcohol Breath test results. The Trial Court found that OCGA 40-5-67.1 implied consent notice for suspects age 21 or over is inaccurate, misleading, and overstates the penalty for refusing to submit
- [Smith v State – DUI and the right to a Constitutional Speedy Trial examined](https://www.georgecreal.com/cases_of_note/smith-v-state-dui-and-the-right-to-a-constitutional-speedy-trial-examined/) - Smith v. State, A16A0519, Georgia Court of Appeals, July 13, 2016. Jason Smith appealed from his conviction of DUI per se as a result of a five-year delay from his arrest on May 5, 2007, to his bench trial on June 1, 2012. The Court of Appeals remanded the case to the trial court despite
- [Spencer v State- HGN-4 of 6 clues indicates over DUI legal limit](https://www.georgecreal.com/cases_of_note/spencer-v-state-hgn-4-of-6-clues-indicates-over-dui-legal-limit/) - In Spencer v. State, A16A0118, June 9, 2016, the Georgia Court of Appeals concluded in a less safe DUI case that a DUI Police Officer’s testimony at trial that “four out of six clues generally indicates a blood alcohol level equal to or greater than .08.” The Court distinguished Bravo v. State, 304 Ga. App. 243, 247-248,
- [State v. Williams -Georgia Court of Appeals breakdown on actual consent for DUI testing](https://www.georgecreal.com/cases_of_note/state-v-williams-georgia-court-of-appeals-breakdown/) - On March 27, 2015, In Williams v. State, 296 Ga. 817, 771 SE2d 373 (2015), the Georgia Supreme Court broke the mold on DUI blood, breath, and urine test cases finding in short that the state must provide not just that Georgia Implied Consent Rights had been read but that there was actual consent to search
- [Spoone v. State – Mother consented to warrantless entry in son’s DUI investigation](https://www.georgecreal.com/cases_of_note/spoone-v-state-mother-consented-to-warrantless-entry/) - In Spoone v State, 335 Ga. App. 816, 783 SE2d 342 (2016), the Georgia Court of Appeals found that a mother gave consent for police to make a warrantless entry into her house to investigate her adult son who lived in her basement after police followed a liquid trail of leaking automobile fluids to the house
- [State v Tittle – Exercising your Constitutional Rights equals Guilty Knowledge](https://www.georgecreal.com/cases_of_note/state-v-tittle-exercising-your-constitutional-rights-equals-guilty-knowledge/) - On February 5, 2016, the Georgia Court of Appeals issued its opinion in State v. Tittle, 335 Ga. App. 558, 782 SE2d 487 (2016). In what has become just another DUI “Other Acts” f/k/a “Similar Transactions” case where a Defendant who refused to take a DUI breath test had the State offer evidence of a prior
- [Medical Records are admissible without a witness in a Georgia DUI](https://www.georgecreal.com/cases_of_note/medical-records-are-admissible-without-a-witness-in-a-georgia-dui/) - On February 16, 2016, in Samuels v. State, 335 Ga. App. 819, 783 SE2d 344 (2016), the Georgia Court of Appeals medical records may be admitted into evidence without a testifying witness including diagnoses and medical opinions as business records under OCGA 24-8-803(6) if presented as Declarations under OCGA 24-9-902(11). The Court began its analysis by looking at OCGA
- [Red and Glassy Eyes Not Georgia DUI Probable Cause](https://www.georgecreal.com/cases_of_note/red-and-glassy-eyes-not-georgia-dui-probable-cause/) - On May 18, 2016, the Georgia Court of Appeals affirmed Governor Nathan Deal’s son, Jason Deal’s finding of no probable cause in Dawson County Superior Court, in Blanchard v. State, A16A0086, May 18, 2016. Wendy Blanchard was arrested for DUI, open container, and driving on a suspended license. At 3 pm on July 23, 2014,
- [DUI Improper Closing Argument- What if he had a gun?](https://www.georgecreal.com/cases_of_note/dui-improper-closing-argument-what-if-he-had-a-gun/) - Hopkins v. State, A16A0264, May 18, 2016. Akeem Hopkins appealed his conviction for DUI, obstruction, interference with government property, failure to stop, failure to register the vehicle, and simple assault as a result of the trial court’s failure to grant a mistrial after the prosecutor made an improper closing argument. During the closing argument, the
- [Judges can not control jail good time credit](https://www.georgecreal.com/cases_of_note/judges-can-not-control-good-time-credit/) - In Davis v. State, 181 Ga. App. 498, 353 SE2d 7 (1987), a trial judge attempted to prevent the sheriff from giving a DUI defendant good time credit on a 12-month jail term with no probation until his $1000 fine was paid. The Judge knew that with no probation there was no way to enforce
- [State v Osterloh – speaking in tongues not actual consent for a DUI blood test](https://www.georgecreal.com/cases_of_note/state-v-osterloh-speaking-in-tongues-not-actual-consent-for-a-dui-blood-test/) - State v. Osterloh, A17A1199, August 30, 2017. The Trial Court granted Christopher Osterloh’s motion to suppress the results of his State-Administered DUI blood test. The State appealed arguing that Defendant had given actual, knowing, intelligent, uncoerced consent to testing. Osterloh was traveling north on Georgia 400 when he was struck by another vehicle. Osterloh’s vehicle
- [Muthu v State – Judicial Comment-DUI Experts-Mistrial](https://www.georgecreal.com/cases_of_note/muthu-v-state-judicial-comment-dui-experts-mistrial/) - Muthu v. State, 337 Ga. App. 97, 786 SE2d 696 (2016). Muthu appealed his conviction after a jury found him guilty of DUI per se, DUI less safe, and failure to maintain lane. Muthu alleged improper judicial comment, restricting of his DUI Expert regarding the effects of acid reflux or GERD on the State Administered
- [Pedersen v State – boarding a DNR boat for BUI fields does not trigger Miranda](https://www.georgecreal.com/cases_of_note/pedersen-v-state-boarding-a-dnr-boat-for-bui-fields-does-not-trigger-miranda/) - Pedersen v. State, 337 Ga App 159, 786 SE2d 535 (2016). Erick Pedersen was convicted of Boating Under the Influence after a jury trial in Hall County State Court. Pedersen was stopped by the Georgia Department of Natural Resources (DNR) for operating his pontoon boat with docking lights such that the boat's navigation lights were not
- [No right to an independent test if police get a warrant for blood](https://www.georgecreal.com/cases_of_note/no-right-to-an-independent-test-if-police-get-a-warrant-for-blood/) - Hynes v. States, A17A0633, May 31, 2017. James Hynes was charged with failure to maintain lane, DUI less safe, and DUI per se. Hynes filed a motion to suppress the results of a blood test obtained under a search warrant for the failure of the Cherokee County Sheriff’s Deputy to accommodate his request for an
- [DUI Breath tests are about to be Unconstitutional in Georgia](https://www.georgecreal.com/cases_of_note/dui-breath-tests-are-about-to-be-unconstitutional-in-georgia/) - Oral Arguments in the Georgia Supreme Court were held in Olevik a/k/a Plevik v. State, S17A0738, on August 18, 2017. The arguments were very telling. The defendant was essentially asserting that Police can not compel acts under the Georgia Constitution, and wrapping your lips around a breath tube, directing air for a minimum period, and
- [When you say I will only take a blood test in a Georgia DUI](https://www.georgecreal.com/cases_of_note/when-you-say-i-will-only-take-a-blood-test-in-a-georgia-dui/) - Imagine a hypothetical, a driver is arrested for DUI in Georgia, Georgia Implied Consent is read and the Officer designates a breath test. When the Intoxilyzer 9000 is set up, the driver states that he will not take a breath test but that he will only take a blood test. No other rights are read
- [Got a Breath test DUI take an Olevik](https://www.georgecreal.com/cases_of_note/got-a-breath-test-dui-take-an-olevik/) - Olevik v. State, S17A0738, Supreme Court of Georgia, Decided: October 16, 2017. Prior to Olevik v. State, No. S17A0738, 2017 WL 4582402 (Ga. Oct. 16, 2017), Georgia courts routinely recognized that the right to refuse a state-administered chemical test following a DUI arrest was not a constitutional right: “As we noted, the United States Supreme Court ruled it
- [Smith v State – DUI vehicular homicide must include lesser included option](https://www.georgecreal.com/cases_of_note/smith-v-state-dui-vehicular-homicide-must-include-lesser-included-option/) - Smith v. State, A17A1252, September 7, 2017. Quincy Alexander Smith was convicted of first-degree vehicular homicide for causing the death of another with a blood alcohol concentration over 0.08 grams within three hours of driving. After dropping his wife and children off at a friend’s house, he was turning left into his subdivision when he
- [Spencer v State – clues do not equate to BAC with out a proper Harper foundation](https://www.georgecreal.com/cases_of_note/spencer-v-state-hgn-clues-not-equal-bac-range/) - In Spencer v. State, 302 Ga. 133 (805 SE2d 886) (2017), the Georgia Supreme Court granted the petition for certiorari in Spencer to consider whether the Court of Appeals erred in holding that the trial court properly admitted a police officer’s testimony correlating the results of a horizontal gaze nystagmus (“HGN”) test with a numeric blood alcohol content
- [State v Council – Court of Appeals concedes refusal nor compelled breath test admissible](https://www.georgecreal.com/cases_of_note/state-v-council-court-of-appeals-concedes-refusal-nor-compelled-breath-test-admissible/) - In State v. Council, 343 Ga. App. 583, 586; 807 SE2d 504 (2017), on September 15th, 2016, Susan Council was involved in a multi-vehicle automobile collision. Cobb County Police were told by emergency medical technicians that they believed Ms. Council was under the influence of alcohol. Ms. Council was polite, admitted to drinking 2 glasses of
- [Elliott v State - Elliott is not a fat kid with glasses who eats paste - Elliott is a constitutional rock star](https://www.georgecreal.com/cases_of_note/elliott-v-state-elliott-is-not-a-fat-kid-who-eats-paste-elliott-is-a-constitutional-rock-star/) - https://www.youtube.com/watch?v=ovSQvI02rec Elliott v. State, S18A1204, Supreme Court of Georgia, February 18, 2019. In Elliott v. State, the Supreme Court of Georgia held that Art. 1, Sect. 1, Para XVI of the Georgia Constitutional prohibits the admission into evidence of the refusal of a compelled breath test under the Georgia Implied Consent law as an act of
- [HB 1176 – Criminal Record / Expungement Reform / Fee Increase](https://www.georgecreal.com/new-laws/hb_1176_-_criminal_record_expungement_reform/) - This is our first post in a series discussing the criminal justice reforms enacted in House Bill 1176 and SB 236 and how those reforms will affect DUI prosecution and defense in Georgia. First, HB 1176, deals with a criminal record, expungement, and court fines and costs. Before HB 1176, which will take effect July 1,
- [So much for States rights and unfunded mandates: Congress considers legislation mandating breath testing devices on the cars of all DUI offenders](https://www.georgecreal.com/new-laws/so_much_for_states_rights_and_unfunded_mandates_congress_considers_legislation_mandating_breath_testing_devices_on_the_cars_of_all_dui_offenders/) - Mandatory DUI Interlock devices or alcohol detectors for vehicles for all DUI offenders and eventually universally? Two United States senators have introduced a bill titled the "Drunk Driving Repeat Offender Prevention Act of 2011" which would require that States pass mandatory alcohol breath testers on the vehicles of all DUI offenders laws or face a
- [Georgia Requirements for Persons taking DUI School Courses out of state](https://www.georgecreal.com/new-laws/georgia_requirements_for_persons_taking_dui_school_courses_out_of_state/) - The Georgia Department of Drivers Services (hereinafter "DDS") will accept DUI School certificates from the states below as listed and the Out of State DUI School Program must be in an in-person classroom setting and not online or over the internet and certificate must state several hours completed for the DUI school course. Georgia law
- [SB 236 License Suspension Reform](https://www.georgecreal.com/new-laws/sb_236_license_suspension_reform/) - On January 1, 2013, the license suspension reforms outlined in Georgia Senate Bill 236 will go into effect. We've provided a synopsis of the new law below. For the first DUI conviction in 5 years or a first Administrative License Suspension resulting from a Per Se DUI charge, but not a suspension for an ALS
- [GA Legislature Passes Internet Mugshot dot com law](https://www.georgecreal.com/new-laws/ga-legislature-passes-internet-mugshot-law/) - The Georgia Legislature passed a law prohibiting the publication of Mugshots on websites for commercial gain. Many websites that publish mugshots data mined from Sheriff’s department websites have set up a system where they charge the arrested person $150 or more to remove their picture. The websites are very adept at optimizing their website so
- [New Federal Bill would create a national standard for Marijauna DUI driving](https://www.georgecreal.com/new-laws/new-federal-bill-would-create-a-national-standard-for-marijauna-dui-driving/) - A new bill introduced in Congress would create a national standard for DUI Marijuana and threaten any states that failed to comply with a suspension of federal highway funds. So much for states' rights. Polis who introduced the bill is a Democrat but it will be interesting to see how Republicans who are traditionally States Rights
- [Ex-UGA Athletic Director Pleads Guilty to DUI in Atlanta Municipal Court](https://www.georgecreal.com/in-the-news/ex-uga_athletic_director_pleads_guilty_to_dui_in_atlanta_municipal_court/) - January 27, 2011: Damon Evans plead guilty to DUI in Atlanta Municipal Court last week. He was fined $750 plus court costs which totaled $1192.00, ordered to perform 40 hours of community service, attend one MADD victim impact panel, and undergo an alcohol and drug evaluation. He had completed all of these items before court
- [Gwinnett DUI Driver injures her children in DUI accident](https://www.georgecreal.com/in-the-news/gwinnett_dui_driver_injures_her_children_in_dui_accident/) - Serious Injury by Vehicle and DUI equals 15 years in state prison March 16, 2011: New media sources reported that a Gwinnett County DUI driver drove her car off the road injuring her two children ages, 16 and 8, who were taken to Children's Healthcare of Atlanta. The female driver registered a .112 on the Georgia
- [Conyers Cop is Arrested for DUI in Newton County](https://www.georgecreal.com/in-the-news/conyers_cop_is_arrested_for_dui_in_newton_county/) - A City of Conyers Police Officer was arrested by the Georgia State Patrol in Conyers, Georgia on Saturday around 1 am on January 22, 2011. Justin Lykins was stopped for a traffic violation and an odor of alcohol was detected. The Georgia State Patrol Trooper was called to perform field sobriety tests and arrested Lykins
- [Austin Texas DUI arrest of two on horseback raises national discussion about getting a DUI on a horse?](https://www.georgecreal.com/in-the-news/austin_texas_dui_arrest_of_two_on_horseback_raises_national_discussion/) - Can you get a DUI on a horse? The short answer is it depends. In Texas, you can technically get a DUI on a horse although the two men arrested for DUI after riding their horses while intoxicated had their DUI charges reduced to public intoxication. In Montana, the answer is no and Montana has
- [Miller v. State, A10A2269, February 2, 2011: Renew your objection to an expert after voir dire](https://www.georgecreal.com/in-the-news/miller_v_state_a10a2269/) - Cherokee DUI Appeal In Miller v. State, A10A2269, Cherokee County DUI jury trial appeal, February 2, 2011: A Cherokee County jury convicted Kenneth Miller of DUI. Mr. Miller's DUI attorney appealed the verdict from Canton, Georgia. He asserts as an appeal that a DUI police officer impermissibly testified to his opinion about whether Mr. Miller
- [Philadelphia DUI breathalyzer miscalibration causes a 15 month case review](https://www.georgecreal.com/in-the-news/philadelphia_dui_breathalyzer_miscalibration_causes_a_15_month_case_review/) - Philadelphia joins a growing list of jurisdictions that are finding out that DUI breath tests are often inaccurate, improperly maintained, and not properly calibrated. On March 23, 2011, Philadelphia Police authorities announced that miscalibrated Breathalyzers compromised over 1147 DUI cases. The District Attorney's office is conducting a complete review of all affected cases. The District
- [Ban apps relieving Police Roadblocks? What would Guy Fawkes say?](https://www.georgecreal.com/in-the-news/ban_apps_relieving_police_roadblocks_what_would_guy_fawkes_say/) - Fox News heralded the political firestorm surrounding DUI Sobriety Check Point smartphone apps. Fox has missed the point. If you have to have a roadblock to find “drunk drivers” maybe they aren’t drunk in the first place. Additionally, Roadblocks are fine for Apartheid-era South Africa, the Occupied West Bank, and North Korea but not for
- [Gwinnett County DUI Task Force wins 2011 MADD award](https://www.georgecreal.com/in-the-news/gwinnett_county_dui_task_force_wins_2011_madd_award/) - ON March 24, 2011, Mothers Against Drunk Driving (MADD) had awards banquet at the Georgia International Convention Center at 2000 Convention Ct Concourse, College Park, GA 30337-4200. MADD presented the Gwinnett County DUI Task Force as 2010 Statewide DUI Agency of the Year Award. The Individual members of the Gwinnett DUI task force also walked
- [Henry County DUI HEAT Unit wins 2011 MADD Award](https://www.georgecreal.com/in-the-news/henry_county_dui_heat_unit_wins_2011_madd_award/) - ON March 24, 2011, Mothers Against Drunk Driving (MADD) had awards banquet at the Georgia International Convention Center at 2000 Convention Ct Concourse, College Park, GA 30337-4200. The Henry County Police Department (HCPD) won the DUI Hero Award for police agencies Police Department with the highest total number of DUI arrests for their agency size.
- [Black Caucus sues to dissolve new cities of Johns Creek, Dunwoody, Sandy Springs and Milton.](https://www.georgecreal.com/in-the-news/black_caucus_sues_to_dissolve_new_cities/) - The suit seeks dissolution of the cities of Johns Creek, Sandy Springs, Dunwoody, and Milton as Voting Rights Act violations. Dr. Joseph Lowery and several Plaintiffs have sued Governor Nathan Deal and several new cities formed in the last six years including Johns Creek, Sandy Springs, Dunwoody, Milton claiming that the incorporation of the areas
- [Dunwoody Officers win 2011 MADD awards](https://www.georgecreal.com/in-the-news/dunwoody_officers_win_2011_madd_awards/) - ON March 24, 2011, Mothers Against Drunk Driving (MADD) had awards banquet at the Georgia International Convention Center at 2000 Convention Ct Concourse, College Park, GA 30337-4200. Two Dunwoody Officers walked away with awards. Officer Tim Waldron received the Bronze Award for having made 39 DUI arrests in 2010. Officer Alvin Rodriguez received the Silver
- [Coweta County DUI jail sentence results in a Death Sentence at county jail](https://www.georgecreal.com/in-the-news/coweta_county_dui_jail_sentence_results_in_a_death_sentence_at_county_jail/) - Cruel and Unusual Punishment in Coweta County DUI. CBS News recently reported about a Coweta County Misdemeanor DUI Detainee who died in a special restraint chair designed for use at a maximum of 2 hours after 14 hours in a chair in August of 2008. The Misdemeanor detainee, Willie Sutton, Sr., was suffering from extreme
- [Faulty Breathalyzer could throw out 865 DUIs in California](https://www.georgecreal.com/in-the-news/faulty_breathalyzer_could_throw_out_865_duis_in_california/) - A manufacturer's defect could result in 865 DUI arrests being thrown out of court in San Jose California. The Alco-Sensor V breathalyzer is believed to have produced erroneous results as a result of condensation from breath building up in the breath tube. Alco-Sensors are used in Georgia DUIs for preliminary breath screening as positive or
- [Energy Drinks and Alcohol Can Cause DUI arrests for the unwary](https://www.georgecreal.com/in-the-news/energy_drinks_and_alcohol_can_cause_dui_arrests_for_the_unwary/) - A University of Florida study finds that college students who drink alcoholic energy-drink cocktails are three times more likely to get drunk and four times more likely to drive drunk according to researcher Dennis Thombs, Ph.D., and his associates. Combining energy drinks and alcohol tricks the drinker's brain into thinking he or she is sober
- [Derek Lowe DUI arrest probably will result in a Reckless dui to lack of evidence since it is difficult to prove a sober person is drunk without a breath test](https://www.georgecreal.com/in-the-news/derek_lowe_dui_arrest_probably_will_result_in_a_reckless_dui/) - Atlanta Braves pitcher, Derek Lowe, was stopped and arrested for an Atlanta DUI on April 28, 2011. Lowe was stopped by a Georgia State Patrol trooper on Thursday evening at about 10:00 pm in Atlanta. The trooper smelled an odor of alcohol and had Lowe perform standardized field sobriety tests such as the Horizontal Gaze
- [Alcohol Breath Testing Fails again in Philadelphia](https://www.georgecreal.com/in-the-news/alcohol_breath_testing_fails_again_in_philadelphia/) - Philadelphia District Attorney announced on May 13, 2011, that another 1500 persons convicted of DUI in 2008 and 2009 are entitled to new trials after a two-month inquiry regarding faulty breathalyzers used by Police despite not being properly calibrated according to local news outlets. Atlanta DUI | DUI Atlanta
- [Governor Wants DUI and Drug Courts and Floyd County is one step ahead of him](https://www.georgecreal.com/in-the-news/governor_wants_dui_and_drug_courts_and_floyd_county_is_one_step_ahead_of_him/) - The Rome News Tribune reported in February 2011 that Gov. Nathan Deal wants fewer non-violent drug offenders in jail. He would like to see these offenders in alternatives to jail like DUI courts and Drug courts. Floyd County is one step ahead and has been implementing a Drug Court program called Matrix since 2007. Superior
- [2 + 4 = Dead. Lawsuit Alleges Youth Killed After Drinking just two "Four Loko" Alcohol Energy Drinks](https://www.georgecreal.com/in-the-news/lawsuit_alleges_youth_killed_after_drinking_just_two_four_loko/) - A recent lawsuit against the makers of the alcoholic energy drink "Four Loko" by the family of the 15-year-old youth who was hit by a car after drinking only two cans of the product. Revealing the potential danger to youth drinking these alcohol-energy drinks. The Complaint alleges the alcohol energy drink "desensitizes users to the
- [New Miami-Dade County DUI program provides alternative to a DUI Conviction for first-time offenders](https://www.georgecreal.com/in-the-news/new_miami-dade_county_dui_program_provides_alternative_to_a_dui_conviction_for_first-time_offenders/) - The Miami Herald reported about a new DUI alternative program being initiated at the end of this month. If eligible, a DUI Defendant's first DUI arrest will be reduced to reckless driving, a non-serious traffic offense, if they complete alcohol awareness classes and submit to alcohol monitoring and a period of alcohol abstinence. The program
- [Duluth Police Officer terminated for May 5th single car accident that turned into a Georgia DUI Arrest](https://www.georgecreal.com/in-the-news/duluth_police_officer_terminated_for_may_5th_single_car_accident/) - Gwinnett media sources reported on June 25, 2011that Duluth Police Department terminated Cpl. Dan Diamond for his May 5th, 2011 Gwinnett County DUI arrest. Cpl. Diamond was driving his vehicle, a Dodge Ram 3500 when he ran off the road and struck three trees. After police arrived they notice an odor of alcohol, slurred speech,
- [Henry County DUI Jury Trial: Hale v. State, A11A0327 (June 30, 2011)](https://www.georgecreal.com/in-the-news/henry_county_dui_jury_trial_hale_v_state_a11a0327/) - DUI Henry County: Post Arrest Demand for Preliminary Alcohol Breath Test; Jury Charge on Suppressed Breath Test. Hale v. State, A11A0327, June 30, 2011. Walter Hale was arrested for DUI in McDonough, Henry County Georgia after passing another vehicle over a double yellow line on a motorcycle. He was stopped in the parking lot of
- [Judge gives 1st time DUI Offenders 14 to 30 days in Jail or more!](https://www.georgecreal.com/in-the-news/judge_gives_1st_time_dui_offenders_14_to_30_days_in_jail_or_more/) - The Detroit Free Press reported on a Judge who despite enjoying the occasional glass of wine will subject first-time DUI offenders to 14 to 30 days in jail despite overwhelming research that harsh jail time on DUI offenders does not reduce DUIs and costs local governments an extraordinary amount of money. Most people don't realize
- [South Carolina has a DUI videotape statute? No video of fields, breath test rights, breath test = no DUI. Why is Georgia so far behind?](https://www.georgecreal.com/in-the-news/south_carolina_has_a_dui_videotape_statute_no_video_of_fields_breath_test_rights_breath_test_no_dui/) - Three recent DUI cases in South Carolina highlight how behind the times Georgia Courts are in DUI prosecutions. Not only does South Carolina law require Miranda rights before taking DUI field sobriety tests, but they also require that the Defendant's conduct be videotaped, Miranda warnings are videotaped before field sobriety tests, and that the actual
- [New Study indicates that heavy drinkers perform less well than non-drinkers even when sober on field sobriety tests!](https://www.georgecreal.com/in-the-news/new_study_indicates_that_heavy_drinkers_perform_less_well_than_non-drinkers/) - September 15, 2011: A new study published today in the Journal of Alcoholism concludes that even when controlled for age, heavy drinkers have persistent balance and coordination impairment even after sobering up when compared to non-drinkers. The study was performed in Honolulu, Hawaii by Neurobehavioral Research Inc. The study utilized over 200 volunteers. Seventy of
- [More problems with the CMI, Inc., Intoxilyzer 8000s in Florida raise new questions about Georgia's aging fleet of Intoxilyzer 5000 DUI breath machines](https://www.georgecreal.com/in-the-news/more_problems_with_the_cmi_inc_intoxilyzer_8000s_in_florida_raise_new_questions/) - Both Georgia and Florida buy their official state-administered breath test machines from CMI, Inc. of Owensboro, Kentucky. A recent review of the "pressure transducer" of 231 of Florida's Intoxilyzer 8000s has revealed that 40% of the machines register the wrong breath volume. Breath volume is a critical factor in determining blood alcohol content based
- [Doraville Police Officer arrested for DUI in DeKalb County after rear-end accident](https://www.georgecreal.com/in-the-news/doraville_police_officer_arrested_for_dui_in_dekalb_county_after_rear-end_accident/) - Doraville Police Officer Kasey Lindsey was arrested Saturday night on October 8, 2011, after rear-ending another vehicle. According to police records, he failed field sobriety tests, offered his Doraville Badge instead of his Driver's License, commenting that this would be their easiest DUI Arrest, admitted to drinking at a Doraville Strip Club, and allegedly blew
- [Florida Newspaper call for the removal of the CMI Intoxilzyer 8000 because of too many accuracy problems](https://www.georgecreal.com/in-the-news/florida_newspaper_call_for_the_removal_of_intoxilzyer_8000/) - A Florida Newspaper in Lakeland is publicly calling for the removal of the Intoxilzyer 8000 as an official breath testing device in Florida. The machine has a history of problems with accurate readings and the manufacturer has refused to release the computer source code that generates the breath result outside of its offices in Kentucky
- [T.V. Investigative Reporter finds Florida Authorities are fudging CMI, Inc Intoxilyzer alcohol breath testing operator permits](https://www.georgecreal.com/in-the-news/tv_investigative_reporter_finds_florida_authorities_are_fudging/) - A Florida T.V. investigative reporter has uncovered at least 10 police officers who were not properly certified to operate the Intoxilyzer state-administered breath test but were issued permits to do so anyway by the Florida authorities with authority (Florida Department of Law Enforcement hereinafter "FDLE") over the State DUI breath testing program. Florida law
- [San Francisco TV News Investigative Report: DUI Field Tests are not accurate](https://www.georgecreal.com/in-the-news/san_francisco_tv_news_investigative_report_dui_field_tests_are_not_accurate/) - A San Francisco Local News Investigative Reporter recently uncovered that DUI field tests are not accurate. After uncovering a police videotape where the Officer admits that even he can't do the DUI Field Sobriety tests he is requesting of the person he is pulling over. This report discovers what DUI Defense Attorneys have known for
- [Creative Loafing joins the anti- DUI field sobriety test drum beat.](https://www.georgecreal.com/in-the-news/creative_loafing_joins_the_anti-_dui_field_sobriety_test_drum_beat_/) - Creative Loafing ran a story on the inaccuracy of Georgia DUI Field Sobriety Tests. atlanta dui lawyer | dui lawyer atlanta
- [Georgia DUI Breaking News: Rumors suggest big DUI campaign in Atlanta November 17-20, 2011](https://www.georgecreal.com/in-the-news/georgia_dui_breaking_news_rumors_suggest_big_dui_campaign_in_atlanta_november_17-20_2011/) - Atlanta Georgia DUI Roadblock warning November 17-21, 2011 Rumors are spreading that Atlanta and law enforcement state-wide will converge on Atlanta this weekend November 17-21, 2011 for a large-scale DUI Roadblock sweep. The Atlanta DUI Sweep will include roadblocks and DUI saturation patrols particularly for Buckhead and the Virginia Highlands area. Use extreme caution and make sure
- [November 17, 2011: City of Morrow, Georgia Police Chief Arrested for DUI](https://www.georgecreal.com/in-the-news/november_17_2011_city_of_morrow_georgia_police_chief_arrested_for_dui/) - MORROW POLICE CHIEF ARRESTED FOR GEORGIA DUI VIOLATION Jeffrey Charles Baker, City of Morrow, Georgia Police Chief was arrested on November 17, 2011, in Clayton County for DUI by the Clayton County Police. Details of the arrest are not yet available. Chief Baker was charged with Driving Under the Influence under O.C.G.A. 40-6-391, disregarding a
- [Judge Dismisses High Profile Philly DUI after Cop admits on stand that half of DUI arrests are not drunk](https://www.georgecreal.com/in-the-news/judge_dismisses_high_profile_philly_dui_after_cop_admits_on_stand/) - A Philadelphia Judge dismisses the high profile DUI of a local politician after the police office admits on stand that half of his DUI arrests are not drunk. georgia dui lawyer | atlanta dui lawyer
- [The top 14: MADD scolds states that refuse to trample on the rights of their citizens in DUI enforcement](https://www.georgecreal.com/in-the-news/the_top_14_madd_scolds_states_that_refuse_to_trample_on_the_rights_of_their_citizens/) - CBS News ran a story regarding the MADD's list of 14 states with "lax' DUI enforcement by ranking them based on the presence or absence of draconian DUI laws. Constitutional horrorshow includes: Police Roadblocks - What about the Constitution we have spent the last 200 years bleeding for? No room for liberty in the nanny
- [Room for Abuse: Richmond County Deputy in Augusta Georgia Falsifies Breath Tests Results](https://www.georgecreal.com/in-the-news/room_for_abuse_richmond_county_deputy_in_augusta_georgia_falsifies_breath_tests_results/) - Richmond County, Augusta, Georgia Deputy Sheriff admits to falsifying breath tests in “one or two” DUI cases. The officer has made over 400 DUI cases. Prosecutors claim that there is nothing they can do to help the victims or prosecute the dishonest cop because they don’t know in which cases he lied. Give me a
- [Atlanta Police Officer Rammed by DUI Driver](https://www.georgecreal.com/in-the-news/atlanta_police_officer_rammed_by_dui_driver/) - Atlanta Police Officer John Chafee was rear-ended by a DUI driver on December 24, 2011, at 3 am while writing a ticket. There were no serious injuries. One officer reported an injured knee. Read the story. dui lawyer atlanta | georgia dui lawyer
- [False Positives with Wonder Bread, Dr. Pepper and smartphone radio inference raise questions about Intoxilyzer in Kansas](https://www.georgecreal.com/in-the-news/false_positives_with_wonder_bread_dr_pepper_and_smartphone_radio_inference_raise_questions/) - November 19, 2011. A Kansas local investigative news special joins the drumbeat of States including Florida and Ohio questioning breath test results from the Intoxilyzer manufactured by CMI, Inc. of Kentucky. The story raised questions about false positives with mouth alcohol, wonder bread, Dr. Pepper soft drinks, and smartphone radio frequency interference. Kansas uses the
- [Want to check your HGN before you drive home this season: There's an app for that!](https://www.georgecreal.com/in-the-news/want_to_check_your_hgn_before_you_drive_home_this_season_theres_an_app_for_that/) - BreathalEyes is an iPhone app that detects jerking in the eye using the iPhone camera and analyzes the eyes jerking using the Horizontal Gaze Nystagmus field sobriety tests and estimates your blood alcohol ranging between .02 -.17. One wonders with technology like this that costs .99 cents why law enforcement does not use it and
- ["Did you know?" Anti-DUI campaign starts today in anticipation of the New Years Eve celebrations.](https://www.georgecreal.com/in-the-news/did_you_know_anti-dui_campaign_starts_today_in_anticipation_of_the_new_years_eve_celebrations_/) - The Newnan Times-Herald reported today about the new Anti-DUI campaign being put out by the State titled "Did you know?" It will provide shocking tidbits on billboards across Georgia informing motorists about the consequences of DUI. atlanta dui lawyer | dui lawyer atlanta
- [Beware of Vampire Cops: Douglas County and Georgia State Patrol start forced blood draws in refusal cases](https://www.georgecreal.com/in-the-news/beware_of_vampire_cops_douglas_county_and_georgia_state_patrol_start_forced_blood_draws/) - Douglas County and Georgia State Patrol DUI Officers have started refusing to take no for answer in DUI cases. Both agencies have adopted police of obtaining a warrant in DUI cases where the driver refuses to provide a breath or blood sample. This is a new policy direction for both agencies with many unresolved legal
- [OZT 2011-2012- "Drive Sober or Get Pulled Over": State creates new Sober Ride App for the iPhone and Android](https://www.georgecreal.com/in-the-news/new_sober_ride_app_for_the_iphone_and_droid/) - (ATLANTA) The Georgia Office of Highway Safety (GOHS) announced the release of a new cell phone app that will locate a sober ride for New Year’s Eve Revelers. Operation Zero Tolerance (OZT) will be in full effect from Dec. 16, 2011, to Jan. 2, 2012. Local Police Officers, Sheriff’s Deputies, and State Troopers will be participating
- [Action News Reports That a DUI Plea Will Cost You On Average $10,000](https://www.georgecreal.com/in-the-news/action_news_reports_that_a_dui_plea_will_cost_you_on_average_10000/) - Think a DUI arrest will cost you about $1000 if you just plead guilty without a lawyer. Think again. ABC action news reports that a DUI arrest can top $10,000 with a plea including jail time and a lifetime criminal record following you on every application for school and job opportunities. If you can't afford
- [After False Arrest, Oregon County Commissioner on Crusade to Change DUI Field Sobriety Tests for Seniors](https://www.georgecreal.com/in-the-news/after_false_arrest_oregon_county_commissioner_on_crusade/) - After a False Arrest for DUI of Oregon County Commissioner, he seeks to change field tests for drivers over 65 years of age as the standardized DUI Field test are unfair. On the way home from a workout at the gym, the County Commissioner was pulled over by police for weaving and not using his
- [Georgia Bill Would Make Second DUI With a Child Under 14 in the Car a Felony](https://www.georgecreal.com/in-the-news/georgia_bill_would_make_second_dui_with_a_child_under_14_in_the_car_a_felony/) - Senate Bill 13 aims to make a second DUI with a child under 14 in the car a felony. The bill was stalled in committee due to technical problems. The problem with a bill like this is how they define DUI with a child in the car. Is it a single transaction or occurrence or
- [After Jury Awards Plaintiff $5.4 Million Dollars, State May Want to Rethink Forced Blood Drawing in DUI Cases](https://www.georgecreal.com/in-the-news/after_jury_awards_plaintiff_54_million_dollars_state_may_want_to_rethink_forced_blood_draws/) - A Fulton County jury awarded a Plaintiff 5.4 million dollars after his blood was negligently drawn by a phlebotomist. This raises the issue of what will happen to County Liability when police agencies begin enforcing forced blood draws in DUI cases. atlanta dui lawyer | dui lawyer atlanta
- [Frontline Investigative News Report Reveals That Law Enforcement Forensic Science is Not So Scientific After All](https://www.georgecreal.com/in-the-news/frontline_investigative_new_report_reveals_that_law_enforcement_forensic_science_is_not/) - The PBS Investigative news show Frontline reveals that many forensic sciences used by law enforcement for investigations, like fingerprint analysis, are not exact, but rather analytic guesswork subject to human bias. Click the link for more information. dui lawyer atlanta | georgia dui lawyer
- [Florida Woman Blames Big Breast for Failure of DUI Field Sobriety Tests](https://www.georgecreal.com/in-the-news/florida_woman_blames_big_breast_for_failure_of_dui_field_sobriety_tests/) - A Florida woman who was pulled over for DUI blamed her large breasts for her poor performance on DUI field sobriety tests. NHTSA confirms that being 50 pounds overweight can negatively affect DUI field sobriety tests. Read the story. georgia dui lawyer | atlanta dui lawyer
- [Operation Rolling Thunder Hits Henry County June 2-3, 2012](https://www.georgecreal.com/in-the-news/operation_rolling_thunder_hits_henry_county_june_2-3_2012/) - The Governor's Office of Highway Safety (GOHS) initiated operation Rolling Thunder, a series of roadblocks targeting Drunk Drivers this weekend. GOHS roadblocks generally bring DUI task force officers from across the State to concentrate enforcement in one area on a given weekend. On the first night, nineteen DUI arrests were made. Fox Five news did
- [Duly Noted: Man in Connecticut Cruises Through DUI Roadblock with Beer in Hand](https://www.georgecreal.com/in-the-news/duly_noted_man_in_connecticut_cruises_through_dui_roadblock_with_beer_in_hand/) - As we’ve mentioned in our blog Cases of Note, the one thing you want to make sure to do if you’re trying to avoid a roadblock is to stay calm and take a detour. Don’t slow down, turn suddenly, or pull any “abnormal” driving maneuvers. Just be casual, but not too casual like this motorist in
- [False Arrest Lawsuit Reinstated in Sixth Circuit Federal Court of Appeals Over Woman Arrested for DUI Who Later Tested Negative](https://www.georgecreal.com/in-the-news/false_arrest_lawsuit_reinstated_in_sixth_circuit_federal_court_of_appeals/) - A Federal Court of Appeals reinstated a dismissed False Arrest civil damages lawsuit against an Ohio State Trooper who arrested a woman for DUI after field sobriety tests. The Federal Appeals Court concluded that you simply cannot arrest anyone based on a few missteps on field sobriety tests. Now it is up to a jury
- [Arrest v. Conviction: The Police Only Have So Much Power](https://www.georgecreal.com/in-the-news/arrest_v_conviction_police_only_have_so_much_power/) - It’s always good to remember that when you’re pulled over or questioned by police, an arrest does not mean guilt and an arrest or conviction is not the end of the world. In our practice, we’ve seen officers arrest clients on scanty evidence and simply hope for the best regarding a conviction. But sometimes, as
- [A DUI Can Happen to Anyone, Even an Expert Witness](https://www.georgecreal.com/in-the-news/a_dui_can_happen_to_anyone_even_an_expert_witness/) - On our DUI Hall of Fame page, we chronicle the DUI arrests of celebrities and other notable people in order to show that a DUI can happen to anyone and that you can still be successful with a DUI arrest or conviction on your record. Following this story, we may have to create a page chronicling
- [Money For Your Mugshot: The Imprint of the Internet](https://www.georgecreal.com/in-the-news/money_for_your_mugshot_the_imprint_of_the_internet/) - The proliferation of the Internet markedly changed and continues to influence how our society uses and consumes information. As with most seminal shifts, there are pros and cons. As a populist tool Internet allows for a completely free and if desired, anonymous exchange of ideas as well as pornography, smut, and piracy. Social media allows
- [Jersey State Legislator Paul Moriarty Plays Part of "Arrestee" in DUI Production](https://www.georgecreal.com/in-the-news/jersey_state_legislator_paul_moriarty_plays_part_of_arrestee_in_dui_production/) - A familiar “DUI” plotline: An individual turns onto a street. Moments later a cop pulls him/her over for failure to yield. The individual has had nothing to drink but is asked to perform field sobriety tests and then arrested for DUI. Paul Moriarty, a New Jersey legislator, played the arrestee in such a production recently,
- [Internal Affairs Misdirection: DeKalb County Police Commissioner Evades DUI Charge](https://www.georgecreal.com/in-the-news/internal_affairs_misdirection_dekalb_county_police_commissioner_evades_dui_charge/) - As reported by 11 Alive News, DeKalb County Police commissioner Stan Watson was visibly drunk and allowed to leave the Tanqueray Lounge on Glenwood Road before returning and requesting that someone drive him home. The commissioner became unruly after accusing a woman of stealing his wallet. An off duty cop working at the lounge attempted
- [Political Grandstanding… and a DUI? – Athens State House Candidate Under Fire](https://www.georgecreal.com/in-the-news/political_grandstanding_and_a_dui_-_athens_state_house_candidate_under_fire/) - Grandstanding and creating a positive public persona are the bread and butter of politics. But as Robert Kessler, candidate for the 118th State House District in Athens, GA, has found, explicitly running on a platform of personal responsibility will dredge up the past. Kessler has had two DUIs and has an interlock device on his
- [When a Trip to Waffle House Ends in the Awful House — Jail](https://www.georgecreal.com/in-the-news/when_a_trip_to_waffle_house_ends_in_the_awful_house_-_jail/) - Waffle House anyone? When is the Waffle House spelled Awful House? At the right time and in the right state of mind—the very early morning and a BAC of around .150—this sort of request can be hard to resist. It’s as if a mixture of beer goggles and sleep deprivation attracts people to Waffle House
- [New Virginia Law Cracks Down on DUI First Offenders. Is Georgia Next?](https://www.georgecreal.com/in-the-news/new_virginia_law_cracks_down_on_dui_first_offenders_is_georgia_next/) - 6 weeks ago the Virginia State Legislator passed a bill requiring all convicted first-time DUI offenders to have an Ignition Interlock Device installed in their car. The device requires an eight-second breath test completely free of alcohol before the car will start. According to Governor Bob McDonnell, the bill was enacted in part because of
- [A Glass of Wine or Two at Dinner Could Designate You a Habitual Violator: The Unforgiving Nature of Georgia Child Endangerment DUI Laws](https://www.georgecreal.com/in-the-news/a_glass_of_wine_or_two_at_dinner_could_mean_a_felony_dui/) - On August 13th a woman was arrested in Florida for DUI on her way to a bar with 8 kids in the car. Their ages ranged from 10 months to 14 years, which means that if she had been arrested in Georgia, in one-stop she would have been charged with a whopping 9 DUIs! The
- [BUI Arrest Reported in Cobb County – Not Boating, but BULLDOZING Under the Influence](https://www.georgecreal.com/in-the-news/bui_arrest_reported_in_cobb_county_-_not_boating_but_bulldozing_under_the_influence/) - DUI arrests reported in the blogosphere this summer have been quite bizarre. There’s been RUI (rafting under the influence), MUI (mowing under the influence), PUI (plowing under the influence), and now this, BUI—not boating, but bulldozing under the influence. According to the Atlanta Journal-Constitution, on August 2nd, a man in Cobb County allegedly under the
- [Who Shoulders the Burden of Proof, the Citizen or the State? – The Injustice of Arrest Incentives](https://www.georgecreal.com/in-the-news/who_shoulders_the_burden_of_proof_the_citizen_or_the_state_-_the_injustice_of_arrest_incentives/) - It’s disheartening to read about arrest quotas or incentives even if they are legal. But when incentives are based around making specific arrests like DUI, which rely on degrees of subjectivity to provide probable cause and can result in fines, license suspensions, and myriad attorneys fees and insurance hikes, there is even more cause for
- [Another unexpected consequence and cost of a Georgia DUI, you thought you had health insurance? Think again.](https://www.georgecreal.com/in-the-news/another_unexpected_consequence_and_cost_of_a_georgia_dui_you_thought_you_had_health_insurance/) - This is a true story but the names have been changed to protect the guilty. Your child has a single-car accident. S/he hits a tree. He was injured and taken to a hospital. The police come to the hospital and take blood. S/he is under 21 and has blood alcohol of .022. This is one
- [Word of Advice: If Pulled Over and Suspected of DUI, Don’t Say "Ya Got Me!" (At Least Not Out Loud)](https://www.georgecreal.com/in-the-news/word_of_advice/) - We have a page on our site devoted to educating people on what to do when they’re pulled over and suspected of DUI. After this incident, we may have to add a corresponding page, because knowing what to do is equally important as knowing what not to do. A couple of weeks ago a man
- [Alcopal: The BAC-Reducing Wonder Pill! (WARNING: Side Effects May Include DUI Less Safe Arrest)](https://www.georgecreal.com/in-the-news/alcopal_the_bac-reducing_wonder_pill/) - Alcopal, a pill that allegedly helps drunk drivers pass breath tests, went on sale in the UK this August. According to Arthur Kibble, a supplier of the pill, Alcopal can reduce an individual’s BAC content around .08%, the legal limit in UK and U.S. The pill has already been banned in the United States. The
- [Washington Law Allows State Troopers to Draw Blood, Raises Questions of Probable Cause](https://www.georgecreal.com/in-the-news/washington_law_allows_state_troopers_to_draw_blood_raises_questions_of_probable_cause/) - A new law in Washington, which took effect on August 1st, allows State Patrol Troopers to draw blood from drivers suspected of DUI. Proponents claim the law will make it easier for repeat offenders to be charged with a felony rather than a misdemeanor at the time of the arrest. In Georgia, officers must obtain
- [How Much Probable Cause is "Enough" for an Initial Stop? A DUI Arrest? A Blood Warrant? According to Police, it Varies](https://www.georgecreal.com/in-the-news/how_much_probable_cause_is_enough/) - In the second paragraph of this article in the Atlanta Journal-Constitution about DUI refusals prompting warrants for blood, there is a telling quote from a Douglas Chief Deputy: “If we have someone refuse, and if we have enough probable cause, we contact a State Court judge and request a search warrant for that person’s blood.” How
- [Sandy Springs Police Department Receives Accreditation, Among 6% of Police Departments Across the Country](https://www.georgecreal.com/in-the-news/sandy_springs_police_department/) - In August the Sandy Springs Police Department received accreditation from the Commission on Accreditation of Law Enforcement Agencies (CALEA). According to the CALEA chairman, “of 18,000 agencies in the country, less than 1000 are accredited,” which puts the SSPD in a select 6% of police departments across the country. The SSPD was reviewed in operations
- [When DUI Arrests Go Up, ‘DUI-Related" Collisions Go Down: A Correlation Not Tied to Convictions](https://www.georgecreal.com/in-the-news/when_dui_arrests_go_up/) - In Glendale, California DUI arrests are up 103%. Officer Bryan Duncan, a Glendale policeman awarded for netting around 100 DUI-related arrests this year, is partially responsible for the percentage increase. Duncan is a lauded DUI specialist who received a Traffic Safety Excellence Award from the California Office of Traffic Safety and a Mothers Against Drunk
- [Iowa Man Blows Whopping .627 on Breath-Test Machine, Stuns Police](https://www.georgecreal.com/in-the-news/iowa_man_blows_whopping_627/) - In late September a DUI arrest wowed officers in Iowa when the suspect in question blew a .627 BAC on a State-administered breath test. Multiple officers confessed that the result was the highest reading they had seen in their entire careers, some spanning 20 years. According to one officer, he was told in DUI training
- [A DUI Conviction Could Mean a One Year Restriction on Buying Alcohol: North Dakota Reform Bill Gains Momentum, Could Set Example](https://www.georgecreal.com/in-the-news/nd_dui_reform_bill/) - After 3 tragic deaths resulting from two separate DUI-related incidents in Fargo, ND, a bill is gaining momentum that would prohibit an individual convicted of DUI from buying alcohol. After a DUI conviction, the law would require that an individual's license be marked with a symbol denoting the restriction. The restriction would last for one
- [New iPhone App. Used to Capture Horizontal Gaze Nystagmus May Expose Errors in the Seminal Field Sobriety Test](https://www.georgecreal.com/in-the-news/new_iphone_app_used_to_capture_horizontal_gaze_nystagmus/) - A new iPhone app called Breathaleyes uses the iPhone camera to capture Horizontal Gaze Nystagmus, the common field sobriety test that looks for eye movements caused by alcohol. To measure its accuracy, officers from the Huntsville Police Department put the app to the test. Three volunteers drank three beers in an hour. Thirty minutes later
- [New Jersey Attorney Questions Legitimacy of Breath Test, Cites Radio Frequency Interference](https://www.georgecreal.com/in-the-news/new_jersey_attorney_questions_legitimacy_of_breath_test/) - A New Jersey court of appeals recently ruled that attorneys are not allowed to inspect photographs of the rooms where police perform breath tests. The case was prompted by a New Jersey attorney who claimed that he was entitled to inspect photographs of the breath test to ensure that there were no electronic devices present
- [Accuracy of Intoxilyzer 8000, a Breath Test Machine Used in Many States, Scrutinized By Florida Lawyer](https://www.georgecreal.com/in-the-news/accuracy_of_the_intoxilyzer_8000_is_scrutinized_by_florida_lawyer/) - Our firm is at the vanguard of defense methods regarding DUI in Georgia. We are currently building a petition, by accruing various filed motions, to make it legally viable to request a material witness to testify regarding the internal source code of the Intoxilyzer 5000. The Intoxilyzer 5000 is the primary breath test machine used
- [Obamacare Ruling Questions Federal Mandates Attached to State Funding, Opens Constitutional Challenge to State DUI Laws](https://www.georgecreal.com/in-the-news/obamacare_ruling_questions_federal_mandates/) - In the wake of the Obamacare Supreme Court decision, the leverage given to the federal government to dictate state policy through funding may be weakened. Currently, the federal government uses the prospect of funding to influence state law. For instance, it’s up to a state legislature to decide the legal drinking age, driving age, and legal
- [Saskatchewan Attorney Argues For Stricter Procedures in Initial DUI Investigations](https://www.georgecreal.com/in-the-news/saskatchewan_attorney_argues_dui_investigations/) - In Saskatchewan, Canada an attorney is arguing that the possibility of a false-positive on a preliminary breath test machine, if used to secure the probable cause for an arrest, is grounds to suppress evidence gathered after the arrest. In the now twice-appealed, five-year-old case, a Saskatchewan man was pulled over and given a preliminary breath
- [Fines, License Suspensions, Community Service, and Now Boot Locks – Montana Tests New Preventative DUI Measure](https://www.georgecreal.com/in-the-news/boot_locks_-_montana_tests_new_preventative_dui_measure_/) - Georgia DUI law is relatively strict. For a first DUI conviction, an individual is subject to the possibility of two separate license suspensions, fines ranging from $300-$1000 without court costs, 40 hours of community service, and the prospect of 24 hours to a year in jail. Although it is not a competition, Butte, Montana law
- [Wisconsin Defendant Disproves His Argument in DUI Trial, Get’s Convicted](https://www.georgecreal.com/in-the-news/wisconsin_defendant_disproves_his_argument_in_dui_case/) - When forming an argument concerning field sobriety exams, a good defense lawyer should have the advantage. Regardless of how a defendant performs on the evaluations, there is always a persuasive argument. Because the State presumes field sobriety exams have a level of accuracy, if a defendant performs well, then an attorney can argue that the defendant wasn’t
- [After Election, States With Legalized Recreational Marijuana Face Issue of Statutory Vagueness](https://www.georgecreal.com/in-the-news/states_with_legalized_marijuana_face_issues_of_statutory_vagueness/) - Now that recreational use of marijuana is soon to be legal in Colorado and Washington, state law enforcement, legislators, and prosecutors have expressed concern about how best to handle marijuana DUI charges. Their concerns are twofold: what is the best way to test for active THC in individuals, and at what threshold of THC should
- [Sentinel Private Probation Got Some Splainin to Do – Judge rules Private Probation Company Illegal](https://www.georgecreal.com/in-the-news/sentinel-private-probation-got-some-splainin-to-do-judge-rules-private-probation-company-illegal/) - On September 16, 2013, an Augusta Georgia Area Superior Court Judge in a class action lawsuit against Sentinel Offender Services found that Sentinel Offender Services (hereinafter “Sentinel”) has been illegally providing private probation services in the Augusta area for over ten years. First, O.C.G.A. 42-8-100(g)(1) provides that the chief judge of any court within the county, with the
- [If You’re Being Investigated for DUI, Stay Calm and Stay Cool – The Police are on the Hook Too!](https://www.georgecreal.com/in-the-news/the_police_are_on_the_hook_too/) - Any arrest is nerve-wracking, but when it comes to DUI the situation can be especially murky. When stopped at a roadblock or pulled over for a traffic stop and prompted into a DUI investigation, a person is faced with a multitude of options: Should I take a field sobriety test? Which ones? Can I refuse?; Should I take
- [Former Utah State Trooper Accused of Falsifying DUI Evidence](https://www.georgecreal.com/in-the-news/steed/) - The Associated Press reports that a former Utah state trooper and her superiors are facing a lawsuit concerning wrongful DUI arrests. Utah state trooper Lisa Steed built her reputation on nabbing DUI arrests, using an “uncanny talent — as one supervisor once described it — to garner hundreds of arrests, setting records, earning praise as
- [Seated Field Sobriety Tests May Expose Questions of Reliability in Standard FSTs](https://www.georgecreal.com/in-the-news/seated_field_sobriety_tests_expose_questions_of_reliability_/) - Local officers in Pell City, Alabama have been trained and certified to conduct sit-down field sobriety tests to help investigate boating under the influence (BUI) on the nearby Coosa River. Proponents claim these sit-down tests could be used in roadside investigations as well: “the seated tests are useful if during a traffic stop the person
- [Some Perspective on the New Year’s 2013 DUI Season](https://www.georgecreal.com/in-the-news/some_perspective_on_the_new_years_2013_dui_season/) - In the 78 hours from 6:00 p.m. Friday, December 28th, to midnight January 1st, the associated press reported that Georgia state troopers made 321 Georgia DUI arrests, up from 262 reported last year. According to the most recent statistics, in 2008 Georgia had around 25,000 DUI arrests. Taking this as a general average, we can
- [Concern Grows Over Accuracy of Intoxilyzer 8000 and Other CMI, Inc. Breathing Testing Machines](https://www.georgecreal.com/in-the-news/concern_grows_over_accuracy_of_the_intoxilyzer_8000/) - Advancements in technology are supposed to mean just that: advancement, improvement. New generations of machines are meant to be stronger, sleeker, more reliable, more efficient, and more accurate than the last generation. Unfortunately, CMI, Inc., the company that manufactures the Intoxilyzer line of breath-testing machines, is bucking the trend. Since as early as 2009 there have
- [Spirit of Drunk Driving Laws: Impairment vs. Intoxication](https://www.georgecreal.com/in-the-news/reason/) - On reason.com, Radley Balko provides a persuasive position for DUI Law reform. His basic argument is that impairment, not specifically drinking and driving, is what lawmakers should be focused on punishing. As justification, Balko quotes Austin Police Chief Art Acevedo: “people sometimes focus on how many drinks they can have before they’ll go to jail, […]. It
- [Intoxilyzer 5000 Receives State-Wide Ban in Pennsylvania](https://www.georgecreal.com/in-the-news/intoxilyzer_5000_receives_state-wide_ban_in_pennsylvania/) - After the ruling of a Dauphin County Judge in Pennsylvania concerning the accuracy of the Intoxilyzer 5000, PA state police have now issued a state-wide ban on the breath-testing machine. Previously only local police had issued the machine, but now no one in Pennsylvania pulled over for DUI will be asked to take an Intoxilyzer test.
- [NACDL's Champion Magazine exposes the fraudulent science behind standardized field sobriety tests](https://www.georgecreal.com/in-the-news/nacdls_champion_magazine_exposes_the_fraudulent_science_behind_standardized_field_sobriety_tests/) - In Andrew Mishlove's article in the Jan/Feb Edition of NACDL's Champion Magazine, he explains the fundamentals of the National Highway Traffic and Safety Administration's (NHTSA) Standardized Field Sobriety Evaluations (SFST) such as the Horizontal Gaze Nystagmus (HGN), Walk and Turn (W/T) and One Leg Stand (OLS) or as we like to say in Georgia "One-Legged Stand"). Mishlove's conclusion is
- [Feds propose lowering legal limit to .05 or about 1 drink for a women and 2 for a man](https://www.georgecreal.com/in-the-news/feds-propose-lowering-legal-limit-to-05-or-about-1-drink-for-a-women-and-2-for-a-man/) - The AJC reports that Federal Government officials are planning to recommend lowering the legal limit from .08 to .05. Buckle your seatbelts for the implementation of the new prohibition. Federal government officials stated goal is to completely eliminate alcohol-related deaths. Since one drink for women and two drinks for men could make you DUI, expect a
- [Franklin County Sheriff Steve Thomas says that Intox 5000 has quality assurance problems](https://www.georgecreal.com/in-the-news/franklin-county-sheriff-steve-thomas-says-that-intox-5000-has-quality-assurance-problems/) - In an article in onlineathens.com about obtaining grants from the Governor’s Office of Highway Safety to purchase to newly required Intoxilyzer 9000, Franklin County Sheriff Steve Thomas stated the current state-administered breath test device, the Intoxilyzer 5000, “does not possess all of the attributes necessary to meet evolving legal requests and quality assurance recommendations in the
- [Teenager video of illegal Tennesse roadblock goes viral](https://www.georgecreal.com/in-the-news/teenager-video-of-illegal-tennesse-roadblock-goes-viral/) - https://www.youtube.com/watch?v=w-WMn_zHCVo A Tennessee teenager videotaped his encounter with the police where he was detained a DUI, license, insurance, and seatbelt "safety check" otherwise known as a roadblock and he was not drinking, had a license and insurance on his person, and was wearing a seat belt. A drug dog was prompted to alert on his
- [License Plate Scanner case goes before Georgia Supreme Court on Tuesday January 7th 2014](https://www.georgecreal.com/in-the-news/license-plate-scanner-case-goes-before-georgia-supreme-court-on-tuesday-january-7th-2014/) - The Gwinnett Daily posted reported that the License Plate Scanner case will be argued before the Georgia Supreme Court on Tuesday, January 7th, 2014.The case Rodriguez v. State centers around a traffic stop of Sonia Rodriguez in Norcross in Gwinnett County Georgia who was arrested for Marijuana Possession. Apparently, the License Plate Scanner or LPR recognized
- [Legal limit for Alcohol lowered in 2013 for Boating Under the Influence in Georgia](https://www.georgecreal.com/in-the-news/legal-limit-for-alcohol-lowered-in-2013-for-boating-under-the-influence-in-georgia/) - CBS Atlanta reports that the New Legal Limit for Boating Under the Influence of 0.08 did not dampen the holiday spirit over the Memorial Day Weekend for 2013. Boating Under the Influence is just as serious as a DUI in a car and carries the same punishments except you won’t lose your privilege to drive a
- [Ohio Judges declares the Intoxilyzer 8000 aka the Inflatilyzer 8000 as unscientific](https://www.georgecreal.com/in-the-news/ohio-judges-declares-the-intoxilyzer-8000-aka-the-inflatilzyer-8000-as-unscientific/) - August 21, 2013. WBNS-10TV Columbus, Ohio reports that Judge Rules Breath-Alcohol Machine Unscientific, Court Cases In Jeopardy. After hearing over a week of testimony from Defense and State experts the Court found that in its role as the gatekeeper of scientific evidence under the Daubert standard (used in Federal Court and civil but not criminal cases in Georgia)
- [EEOC sues Dollar General and BMW for policy of firing after positive criminal background checks](https://www.georgecreal.com/in-the-news/eeoc-sues-dollar-general-and-bmw-for-policy-of-firing-after-positive-criminal-background-checks/) - The Federal Government Agency given the responsibility of enforcing U.S. Discrimination laws, the Equal Employment Opportunity Commission, is bringing the hammer down on companies that discriminate against employees because of positive criminal background checks. This matters to us because many of our clients get fired or can not get hired because of their Georgia DUI
- [Arizona Supreme Court holds that DUI breath testing is really just DUI breath guessing](https://www.georgecreal.com/in-the-news/arizona-supreme-court-holds-that-dui-breath-testing-is-really-just-dui-breath-guessing/) - The Arizona Daily Star article reports that a unanimous Arizona Supreme Court decision is giving DUI Defendants new tools like logic, math, and science in defending DUI breath test cases. The Arizona Supreme Court held that DUI defendants may present evidence of variables such as breath temperature and hematocrit levels which make it impossible to know
- [5 Ways Not to be Fooled by DUI statistics](https://www.georgecreal.com/in-the-news/5-ways-not-to-be-fooled-by-dui-statistics/) - iacquire.com recently posted a blog about 5 ways not to be fooled by statistics. The Article suggests: Do A Little Bit of Math and Apply Common Sense Always Look for the Source and Check the Authority of the Source Question if the Statistics are Biased or Statistically Insignificant Question if the Statistics are Skewed Purposely
- [Daydreaming of Drinking a Beer is more Dangerous than actually Drinking One study finds](https://www.georgecreal.com/in-the-news/daydreaming-of-drinking-a-beer-is-more-dangerous-than-actually-drinking-one-study-finds/) - It has long been settled that texting and driving are more dangerous than driving with a blood-alcohol level over .08. Texting is reported as being 6 times more dangerous than driving while intoxicated by alcohol according to an article on Forbes.com. But did you know that according to a research study reported in Popular Mechanics that Day Dreaming
- [It May Seem Hopeless, But Even a Roadblock DUI Can be Fought!](https://www.georgecreal.com/in-the-news/it_may_seem_hopeless_but_even_a_roadblock_dui_can_be_fought/) - Roadblocks can be nerve-wracking, especially when attempting to avoid them is grounds for a traffic stop. But there is a flip side to the opportunities for arrest created by police through a roadblock. As established by the Georgia Court of Appeals in Thomas v. State (2005), for an arrest or evidence gathered from a roadblock to be legal
- [Google puts brakes on moneyformugshots.com extortion racket](https://www.georgecreal.com/in-the-news/google-puts-brakes-on-mugshotscom-extortion-like-racket/) - The New York Times revealed Saturday, October 5, 2013, that Google has taken action as recently as last Thursday, October 3, 2013, to remove mugshot websites that extort money from the arrested from its search algorithm. As Randy Travis sings in his song Good Intentions anyone can wind up in jail on Christmas morning which is
- [Did you know a DUI arrest can disqualify you from unemployment benefits](https://www.georgecreal.com/in-the-news/did-you-know-a-dui-arrest-can-disqualify-you-from-unemployment-benefits/) - On October 29, 2013, HR.BLR.com reported a decision of the Kentucky Supreme Court that a DUI arrest, even without a conviction, is enough to disqualify an employee arrested for DUI from unemployment benefits. Most states require you to be entitled to unemployment benefits that you be fired for no fault of your own. So unless you
- [The Waze Navigation gets you where you are going without a ticket](https://www.georgecreal.com/in-the-news/the-waze-navigation-gets-you-where-you-are-going-without-a-ticket/) - WAZE APP BETTER THAN RADAR DETECTOR Want your paths to be straight and your Waze clear? Look no further than the handy smartphone application Waze. Go to Waze.com and you can download the app to your smartphone which will give you directions where you are going and warn you about police speed traps, the cheapest gas
- [Georgia Dept Driver Services introduces online license reinstatement](https://www.georgecreal.com/in-the-news/georgia-dept-driver-services-introduces-online-license-reinstatement/) - The Atlanta Journal-Constitution reported on November 12, 2013, that the Georgia Department of Driver Services has enabled online reinstatement of canceled, revoked, or suspended driver's licenses. This could prove to be a big time-saver for those whose licenses have been suspended for Georgia DUI convictions. More information about online reinstatement of driver's licenses after a
- [The law of unintended consequences never goes out of style](https://www.georgecreal.com/in-the-news/the-law-of-unintended-consequences-never-goes-out-of-style/) - The San Francisco Gate reported a story about a man who went to jail for life for forging an $83.00 check. The story focuses on how prosecutors threaten people with extreme sentences to coerce them into pleading guilty to crimes in which they believe they are innocent. What this highlights is the law of unintended consequences
- [Texas Judge angry because Jury did not believe a DUI breath test](https://www.georgecreal.com/in-the-news/texas-judge-angry-because-jury-did-not-believe-a-dui-breath-test/) - The website Slate.com recently reported that a Texas Judge “lost” his mind after a jury refused to accept the results of an alcohol breath test in a Texas Driving Under the Influence Trial. Not only did the Judge fuss at the jury but he accused them of violating their oath and jury nullification. In Georgia, the Jury does possess
- [Police Officer admits never reading US Constitution but claims DUI road block is Constitutional?](https://www.georgecreal.com/in-the-news/police-admit-never-reading-us-constitution-but-claims-dui-road-block-is-legal/) - The Daily Paul reported on December 15, 2013, that a California Police Officer who claimed a roadblock was Constitutional and legal had never read the Bill of Rights of the U.S. Constitution. Fourth Amendment to the United States Constitution: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches
- [Georgias Operation Zero Tolerance for Constitutional Rights](https://www.georgecreal.com/in-the-news/georgias-operation-zero-tolerance-for-constitutional-rights/) - WSAV reports that the Georgia Governor’s Office of Highway Safety is commencing OPERATION ZERO TOLERANCE. This means to prepare for DUI saturation patrols, random stops for tag light violations and weaving within the lane after 10 pm, and Constitutionally suspect DUI Road Blocks, Operation Zero Tolerance for Holiday Cheer is in full swing. Operation Zero
- [Governors Criminal Justice Reform Council votes to allow private lawsuits for mugshot mistakes](https://www.georgecreal.com/in-the-news/governors-criminal-justice-reform-council-votes-to-private-lawsuits-for-mugshot-mistakes/) - Money for Mugshots?… Are you paying or giving? On December 19, 2013, The Daily Report published an article that Governor Deal’s Georgia Council on Criminal Justice Reform unanimously voted Wednesday to support creating a private cause of action for citizens so they can sue reporting agencies and other private companies that publish incorrect or sealed criminal
- [Georgia Legislators to push for alcohol breath testing devices in the cars of first offenders](https://www.georgecreal.com/in-the-news/georgia-legislators-to-push-for-alcohol-breath-testing-devices-in-the-cars-of-first-offenders/) - Atlanta’s Fox Five reported on December 18th, 2013 that Georgia Legislators honored by Mother’s Against Drunk Driving are pushing for alcohol breath testing devices to be required in the ignitions of first-time DUI offenders in Georgia. This proposed law is based upon the fact that of the approximately 1200 traffic deaths reported in the last
- [Aiken Standard walks you through a DUI arrest](https://www.georgecreal.com/in-the-news/aiken-standard-walks-you-through-a-dui-arrest/) - In an article posted on January 6, 2014, the Aiken Standard published an article on the steps a person goes through in a DUI arrest. Although based on a DUI arrest in South Carolina, it is the same progress that occurs in a Georgia DUI Arrest. First, the police must have an articulable suspicion of
- [Good Question – Quote of the Day from the Rodriguez arguments in Georgia Supreme Court](https://www.georgecreal.com/in-the-news/good-question-quote-of-the-day-from-the-rodriguez-arguments-in-georgia-supreme-court/) - Good Question: The Fulton County Daily Report reported on January 8th, 2014 in its Story “Justices Ponder Traffic Stop that Stumped State Appeals Court, “Rodriguez v. State, No. S13G1167, a case on appeal from the Georgia Court Appeals where the Court en banc split 6-6 and allegedly affirmed the Gwinnett County Trial Court decision, the Georgia
- [Chattanooga Times Free Press Analyzes if Walker County Georgia Reduces too many DUIs](https://www.georgecreal.com/in-the-news/chattanooga-times-free-press-analyzes-if-walker-county-georgia-reduces-too-many-duis/) - The Chattanooga Times Free Press published an article on Sunday, January 19th, 2014, about whether police and prosecutors reduce too many DUIs to disorderly conduct in LaFayette, Walker County, Georgia. While reductions to reckless driving are not uncommon in the Metro Atlanta area, reductions to charges like disorderly conduct and distracted driving (aka “South Georgia
- [Why is Justin Bieber still smiling after a 45 Thousand Dollar DUI Arrest](https://www.georgecreal.com/in-the-news/why-is-justin-bieber-still-smiling-after-a-45-thousand-dollar-dui-arrest/) - The Wall Street Journal’s Market Watch posed the question of why Justin Bieber is still smiling after a DUI arrest on January 23, 2014? The answer is that despite the fact that a single DUI arrest can cost you $45,000.00, Justin Bieber can make that amount of money in 2 minutes selling t-shirts before one of
- [Thrillist Gives the Inside Scoop on Jail Food](https://www.georgecreal.com/in-the-news/thrillist-give-the-inside-scoop-on-jail-food/) - Thrillist.com published a story on January 10th, 2014 about Jailfood. This is a topic that our clients are always curious about but rarely experience. So we thought we would link to this article to keep them informed or they could just ask the clients of other lawyers. We know that the new Clayton County Jail
- [AOL Jobs discusses 9 ways a Georgia DUI can cost you your Job](https://www.georgecreal.com/in-the-news/aol-jobs-discusses-9-ways-a-georgia-dui-can-cost-you-your-job/) - On January 21, 2014, AOL Jobs discussed nine ways that a DUI arrest or conviction can get you fired at work or otherwise cost you a job. The consequences of a DUI arrest are not always obvious. We have over 27 years of combined experience at George C. Creal, Jr., P.C., Trial Lawyers, dealing with the consequences of
- [Probing the Bad Science behind the DUI Breath test](https://www.georgecreal.com/in-the-news/probing-the-bad-science-behind-the-dui-breath-test/) - Nutritional Scientist/Blogger Adam Kosslof probes the boundaries of bad science. Exhibit #1: the DUI breath test. He quotes a senior level Los Angeles prosecutor who wrote about DUI breath test weaknesses such as gender bias in alcohol breath testing, non-specificity of alcohol in DUI breath testing, how diabetes can throw off a DUI breath test, how ketones
- [Where do you draw the line on Attorney Advertising?](https://www.georgecreal.com/in-the-news/where-do-you-draw-the-line-on-attorney-advertising/) - https://www.youtube.com/watch?v=jr2gdPY-88w Attorney advertising, specifically on TV, is usually a combination of low-budget, cheesy, and distasteful. Unfortunately, it works and a lot of good lawyers go out of business because they refuse to advertise or go to work for those that are unashamed enough to advertise on TV. Insurance companies aren't complaining because T.V. Attorneys are the
- [Paranoid Pet Parrot narcs on his DUI owner](https://www.georgecreal.com/in-the-news/paranoid-pet-parrot-narcs-on-his-dui-owner/) - A paranoid pet parrot gave up his owner to Mexico City Police during a DUI stop by repeatedly saying “He’s drunk, He’s drunk.” Police returned the favor by letting the Parrot go to jail with the DUI driver so he would not die from the stress of separation from his owner. Everybody knows that Parrot
- [Big data is watching you – Why the war on privacy may be the most important conflict of our time](https://www.georgecreal.com/in-the-news/big-data-is-watching-you-why-the-war-on-privacy-may-be-the-most-important-conflict-of-our-time/) - NPR examines the end of privacy in its TEDTalk roundup. There is a war going on for your privacy and it may be the most imminent threat to freedom and democracy that humanity has ever known. So you might think what do I have to hide? If you are not doing anything wrong, why do
- [McAllister v State- if you cant beat em change the rules – closing the loophole of DUI refusals](https://www.georgecreal.com/in-the-news/mcallister-v-state-if-you-cant-beat-em-change-the-rules-closing-the-loophole-of-dui-refusals/) - Newspaper.com reported on January 31, 2014, about the Georgia Court of Appeals closing the DUI test refusal loophole by approving blood test warrants in DUI cases where suspects refuse the testing under the Georgia Implied Consent statute in the decision of McAllister v. State. But is it a good idea to take away a person’s
- [Savannah Superbowl Ad Senation Lawyer is getting his own reality TV show](https://www.georgecreal.com/in-the-news/savannah-superbowl-ad-senation-lawyer-is-getting-his-own-reality-tv-show/) - https://www.youtube.com/watch?v=jr2gdPY-88w Savannah Lawyer and Local Superbowl Ad Internet Sensation are getting his reality TV show coined, "Casino's Law." Wielding a flaming sled hammer to Metallica heavy metal rock rifts, this Savannah lawyer abandoned his criminal law practice representing villains to pursue personal injury claims. It will be interesting to see what kind of Attorney Advertising
- [CNN probes 5 nanograms as a legal limit for Marijuana DUI per se in Washington State](https://www.georgecreal.com/in-the-news/cnn-probes-5-nanograms-as-a-legal-limit-for-marijuana-dui-per-se-in-washington-state/) - February 27, 2014. CNN reported last week on Marijuana DUI in Washington State by testing drivers after smoking a specific weight of pot and nanogram levels of active THC, the impairing chemical in Marijuana. The results were telling and indicated that a legal limit for active THC in the blood for Marijuana DUI may be
- [City of McDonough in Henry County has been illegally using Laser and Radar](https://www.georgecreal.com/in-the-news/city-of-mcdonough-in-henry-county-has-been-illegally-using-laser-and-radar/) - February 24, 2014. Atlanta television news channels are reporting that the City of McDonough police department has been illegally issuing laser and radar speeding tickets for years without proper authorization from the State under State speed trap laws. Thousands of speeding tickets and the basis for the initial stop in numerous crimes could be in jeopardy. A list
- [Cop fails DUI field sobriety tests while on Duty](https://www.georgecreal.com/in-the-news/cop-fails-dui-field-sobriety-tests-while-on-duty/) - March 7th, 2014. USA Today reported that a Lieutenant of the Dallas Police Department was accused of working while impaired, sleeping on the job, and more failed field sobriety tests. Co-workers performed a field sobriety test on him, which was caught on camera, which he failed. The Lieutenant claimed that he was sleeping during his
- [Campus Police -Take No Prisoners – Show No Mercy – Give No Quarter- double secret probation anyone](https://www.georgecreal.com/in-the-news/campus-police-take-no-prisoners-show-no-mercy-give-no-quarter-double-secret-probation-anyone/) - College is the first time most people get to sow their wild oats. It's the first time they are away from their parents. It is the first time they are away from the prying eyes of small-town gossips and subdivision busybodies to figure out who they are and where they want to go in life.
- [Citizen Videos illegal Georgia Roadblock by GSP in Cherokee](https://www.georgecreal.com/in-the-news/citizen-videos-illegal-georgia-roadblock-by-gsp-in-cherokee/) - https://www.youtube.com/watch?v=aLzNCfAj3x0 On February 20th, 2014, A citizen with a video camera recorded an illegal Georgia Roadblock and posted it to copblock.com where Troopers asked if he had any drugs and ordered him to pull over for a "vehicle safety inspection." Georgia law only allows Roadblocks for limited purposes and under limited conditions including license and insurance inspection,
- [SCOTUS to hear arguments on cell phone searches incident to arrest on April 28 2014](https://www.georgecreal.com/in-the-news/scotus-to-hear-arguments-on-cell-phone-searches-incident-to-arrest-on-april-28-2014/) - April 28, 2014: The U.S. Supreme Court will hear arguments today on whether police should have to get a warrant when searching cell phones incident to arrest according to the Atlanta Journal-Constitution. Technology experts fear that with the technology available on the market like Cellebrite which can blow past passwords, security encryption, password extraction, and even
- [Why the LAPD are disabling their police video equipment - apparently you cant handle the truth](https://www.georgecreal.com/in-the-news/why-the-lapd-are-disabling-their-police-video-equipment-apparently-you-cant-handle-the-truth/) - https://www.youtube.com/watch?v=9FnO3igOkOk The LAPD does not think you can handle the truth. Well, at least the rank and file police officers don't. In an article on arstechnica.com, an exposé chronicles how LAPD officers are "monkeywrenching" the video equipment in their police cars so it won't record and transmit the footage to their police supervisors. The response
- [NPR examines how the justice system has gotten into the business of raising revenue on the backs of the poor](https://www.georgecreal.com/in-the-news/npr-examines-how-the-justice-system-has-gotten-into-the-business-of-raising-revenue/) - The United States Supreme Court in Bearden v. Georgia, 461 U.S. 660 (1983), held that courts cannot imprison a person for failure to pay a criminal fine unless the failure to pay was “willful.” In 1971 there were fewer than 200,000 inmates in our state and federal prisons. By 2012, that number had risen to over 1,500,000 or about the population
- [Creative Loafing Expose: Murder in Georgia Prisons](https://www.georgecreal.com/in-the-news/creative-loafing-expose-murder-in-georgia-prisons/) - Creative Loafing Expose on the Deteriorating Condition of Georgia Prisons. Georgia Prisons are underfunded, unsupervised, unsafe, run by street gangs, and riddled by violence. There have been over 33 prison deaths since 2010 which is almost 30% more than the decade spanning from 2000 to 2010. The reality of the prison system plagued by violence
- [Winder DUI arrests are up over the past 2 years](https://www.georgecreal.com/in-the-news/winder-dui-arrests-are-up-over-the-past-2-years/) - On June 24, 2014, BarrowCountyNews.com reported that DUI arrests are up in Winder, Georgia primarily due to better-trained police officers. Corporal Chris Wigner is primarily responsible for the increased arrests according to the article. Wigner has been recognized by MADD as one of Georgia’s top DUI police officers. This goes to illustrate that DUI arrests are
- [Fulton County Courthouse floods and court documents damaged](https://www.georgecreal.com/in-the-news/fulton-county-courthouse-floods-and-court-documents-damaged/) - WSB TV reported on July 28th, 2014 that a pipe in a 9th-floor bathroom burst on Friday night and flooded all weekend damaging courtrooms, offices, and numerous official court documents. The flooding affected the entire family law division, administrative offices, and the District Attorney’s office. In the meantime, employees have been moved to make-shift office spaces
- [What is a Honey Badger - Atlanta DUI Officer hit and injured by DUI driver chases him down for the arrest](https://www.georgecreal.com/in-the-news/honey-badger-atlanta-dui-officer-hit-and-injured-by-dui-driver-chases-him-down-for-the-arrest/) - https://www.youtube.com/watch?v=4r7wHMg5Yjg CBS46.com reported on August 20, 2014. While conducting a routine traffic stop, an Atlanta DUI Task Force Police Officer was reportedly rear-ended by a DUI -Drunk Driver who then fled in a red pick-up truck; and, despite suffering neck and back injuries, the Officer chased down the perp to a local gas station where he
- [Atlanta Police Department weighing body cameras for police officers](https://www.georgecreal.com/in-the-news/atlanta-police-department-weighing-body-cameras-for-police-officers/) - August 21, 2014. WSBTV.com reported that Atlanta police are seriously considering the department-wide implementation of body cameras in the wake of the Michael Brown police shooting which triggered rioting and civil disobedience in Ferguson, Missouri. Typically, these cameras clip to the uniform or can be attached to sunglasses, hats, or the head similar to a google
- [Is Drinking after a DUI crash or stop a good idea](https://www.georgecreal.com/in-the-news/is-drinking-after-a-dui-crash-or-stop-a-good-idea/) - On Saturday, August 30, 2014, the Tampa Bay Times posted an article on whether if you drink after a DUI crash can you avoid a DUI? In Georgia, a DUI whether based on a breath or blood test or if there is no chemical test, based on your ability to drive safe (which is determined
- [GSP Helicopter Marijuana Raid Yields a Heap of Okra](https://www.georgecreal.com/in-the-news/gsp-helicopter-marijuana-raid-yields-a-heap-of-okra/) - Time Magazine reported on October 7, 2014, that Georgia State Patrol Marijuana Eradication Team raids homeowners garden and seized a heap of Okra in Cartersville in Bartow County Georgia. Apparently, either the Officers had been at another location previously burning illegal Marijuana bushes which rendered them unable to distinguish between okra and marijuana leaves or
- [Georgia State Patrol to start DUI task force along Interstate I-20](https://www.georgecreal.com/in-the-news/georgia-state-patrol-to-start-dui-task-force-along-interstate-i-20/) - New GSP Nighthawk Unit is formed to patrol I-20 East September 18, 2014. The Rockdale Citizen reported the Georgia State Patrol (hereinafter GSP) announced the formation of a new DUI task force of GSP Nighthawks to patrol Interstate I-20 from Conyers to Georgia State line in Augusta and the 21 counties in between. This new
- [In the war on DUI where are the hearts and minds of the people](https://www.georgecreal.com/in-the-news/in-the-war-on-dui-where-are-the-hearts-and-minds-of-the-people/) - October 1, 2014. Espn.com reported that Micheal Phelps registered a .14 on his DUI breath test. That is not an interesting story. The interesting story is found in the comments to the story. Many of the commenters called DUI laws a joke and a scam. The comments ranged from the legal limit being too low
- [Why innocent people plead guilty](https://www.georgecreal.com/in-the-news/why-innocent-people-plead-guilty/) - In the November 20, 2014 issue of The New York Review of Books, Jed Rakoff, explores why innocent people plead guilty. Rakoff notes that before the Civil War, guilty pleas in the American Justice system were rare but in the present-day upwards of 97% of all cases are resolved in negotiated guilty pleas conducted in
- [Even Lawyers need heroes and this one is mine](https://www.georgecreal.com/in-the-news/even-lawyers-need-heroes-and-this-one-is-mine/) - Lawyer Heroes Kimberly Motley is an American lawyer fighting for the rule of law in Afghanistan, of all places, and without a hijab, niqab, or burka. If you think you got bad it bad in your jurisdiction, court, or before your hypoglycemic judge just before lunch, you don't even know adversity. We need lawyer heroes
- [Blowing smoke just took on a new meaning](https://www.georgecreal.com/in-the-news/blowing-smoke-just-took-on-a-new-meaning/) - Bloomberg Politics reported on December 3rd, 2014 that Washington State University researchers are developing a handheld breath testing device to detect the impairing components of marijuana, THC, for use by police on the side of the road. Driving to the extent you are less safe from Marijuana consumption is illegal in Georgia and probably in all
- [How License Plate Readers are doing more than checking your tag](https://www.georgecreal.com/in-the-news/how-license-plate-readers-are-doing-more-than-checking-your-tag/) - Catherine Crump, Berkeley Law Professor who focuses on the legality of data and surveillance, explains in her TED talk the dirty little secret of police license plate readers (LPRs) that you see on police cars everywhere. Not only are these license plate readers checking for delinquent insurance, suspended registration, active warrants, expired tags, and suspended
- [DUI arrests down 70 percent in Cherokee County over New Years Eve Holiday](https://www.georgecreal.com/in-the-news/dui-arrests-down-70-percent-in-cherokee-county-over-new-years-holiday/) - Cherokeetribune.com reported on January 4th, 2014 that there was a 70% decrease in DUI arrest over the December 28 th through January 1st New Years' Eve Holiday period. Last year there were 11 arrests as compared to this year with only 3 arrests. There were five fatalities reported during the holiday period one death in Cartersville reported
- [Conscientious Roadblock Objector stymies Police Road Block](https://www.georgecreal.com/in-the-news/conscientious-roadblock-objector-stymies-police-road-block/) - Fairdui.org has created a firestorm of praise and scorn on media sites across the country. Chanting the Mantra: “I REMAIN SILENT, NO SEARCHES, I WANT MY LAWYER.” They have even utilized their Fairdui flyers to successfully negotiate Police Roadblocks and posted a video of the same on youtube.com. The video shows a driver utilizing a FairDUI flyer
- [The U.S. Supreme Courts Massive Blind Spot](https://www.georgecreal.com/in-the-news/the-us-supreme-courts-massive-blind-spot/) - Radley Balko writes in the Washington Post on January 22, 2015, about the massive blind spot of experience on the U.S. Supreme Court on how criminal justice actually works on the street and in the courtroom. The reality is that most Judges have never worked as Defense Attorneys, stared into the desperate eyes of the
- [Uber.com and the free market beat police at DUI reduction](https://www.georgecreal.com/in-the-news/ubercom-and-the-free-market-beat-police-at-dui-reduction/) - Entrepreneur.com reported on August 25th, 2015 that Uber has a bigger impact on DUI deaths than law enforcement. Imagine a world where market forces make the world safer than police, courts, and incarceration. According to researchers at Temple University, a study saw a 3.5 % to 5% reduction in one year in cities where Uber.com operated.
- [WSB reports that Atlanta Police are Disbanding their HEAT Unit - DUI Taskforce](https://www.georgecreal.com/in-the-news/wsb-reports-that-atlanta-police-are-disbanding-their-heat-unit-dui-taskforce/) - Friday, January 23, 2015: WSB Reports that the Atlanta Police Department (APD) is disbanding its DUI Taskforce and spreading the six officers on the Unit across the department to train more officers. Rumors on the street are that responsible APD officials actually forgot to timely file the grant paperwork necessary to fund the DUI Unit with
- [Macon Telegraph reports DUI convictions down 26 percent since 2008](https://www.georgecreal.com/in-the-news/macon-telegraph-reports-dui-convictions-down-26-percent-since-2008/) - February 4th, 2015. The Macon Telegraph reports that DUI convictions are down from 44,017 DUI convictions in 2008 falling to 32,514 in 2013. The causes are debated. Some suggest more people are refusing the test which makes convictions more difficult. Some suggest that is a reporting problem. Others claim that it is because of budget
- [The Newspaper.com reports on Georgia Supreme Court Intoxilyzer Source Code Ruling](https://www.georgecreal.com/in-the-news/the-newspapercom-reports-on-georgia-supreme-court-intoxilyzer-source-code-ruling/) - TheNewspaper.com reported on February 18, 2015, about the Georgia Supreme Court’s ruling in Parker v. State reversing the Georgia Court of Appeals who had affirmed the Trial Court’s decision to exclude proffered evidence of accuracy problems that an out of state witness from the Intoxilyzer 5000 (Intox 5000) manufacturer, CMI, Inc., might be expected to testify about as
- [Two NHTSA Marijuana Studies find there is no real evidence of danger](https://www.georgecreal.com/in-the-news/two-nhtsa-marijuana-studies-find-there-is-no-real-evidence-of-danger/) - Feb. 10, 2015. Denver Colorado's Channel 9 reports on two National Highway Traffic Safety Administration (NHTSA) studies that find that there is no evidence of any impairment that correlates with THC or the active intoxicating ingredient of Marijuana. Another study found that while alcohol DUI drivers are 400% more likely to have an accident than
- [Man charged with DUI for letting his 15 year daughter drive when he was drunk](https://www.georgecreal.com/in-the-news/man-charged-with-dui-for-letting-his-15-year-daughter-drive-when-he-was-drunk/) - May 14th, 2015: Aol news reported that 43-year-old Jason Phipps was arrested for DUI after letting his sober 15-year-old daughter drive him and his wife who were intoxicated using her learner's driver's license after the Zac Brown Band Concert in Alpharetta at the Verizon Wireless Amphitheater. The argument posed by police is that you have
- [Taser Danger](https://www.georgecreal.com/in-the-news/taser-danger/) - Tasers are essentially electric shock guns. They are aimed with a laser target and shoot metal barbs attached to wires into a person and the gun then sends electric impulses that disable muscles temporarily. They are officially classified as non-lethal weapons. Police like them because they are less likely to be injured when taking down
- [John Oliver calls out inequality in the bail-bond system in US Courts](https://www.georgecreal.com/in-the-news/john-oliver-calls-out-inequality-in-the-bail-bond-system-in-us-courts/) - https://www.youtube.com/watch?v=IS5mwymTIJU June 6, 2015. The Washington Post reports on how Comedy talk-show host, John Oliver, is shining the bright light of comedy-truth on the darkest secret of the United States Justice System. The Bail-Bond system disproportionately punishes the poor who often have to choose between criminal charges of which they are innocent or sitting in jail
- [Will new car technology make DUIs a thing of the past](https://www.georgecreal.com/in-the-news/will-new-car-technology-make-duis-a-thing-of-the-past/) - The Driver Alcohol Detection System for Safety program (DADSS or Big Daddy is watching as opposed to Big Brother is watching) is developing a unique application of technology that holds the potential to stop DUI drivers before they start. The technology will automatically detect when a driver is intoxicated with a blood alcohol concentration (BAC) at
- [This is what your government wants for you- Wearable Alcohol Biosensors](https://www.georgecreal.com/in-the-news/this-is-what-your-government-wants-for-you-wearable-alcohol-biosensors/) - DUI Freedom is Security Ensuring submission through careful observation and control, is the path to a safe, secure, and tranquil society. “Through the “A Wearable Alcohol Biosensor” Challenge (the “Challenge”), the National Institute on Alcohol Abuse and Alcoholism (NIAAA), a component of the National Institutes of Health (NIH), is searching for a wearable or otherwise
- [Athens-Clarke County changes rules for arresting underage drinkers](https://www.georgecreal.com/in-the-news/athens-clarke-county-changes-rules-for-arresting-underage-drinkers/) - June 25, 2015. The joke among University of Georgia (UGA) students has always been that when you graduate from UGA your diploma comes with a criminal record. It is almost impossible to attend UGA and not be arrested for underage drinking these days. You would be hard-pressed to find a student that has not been
- [Wellstar Hospitals in Metro Atlanta refuse to conduct DUI blood tests on non-consenting drivers](https://www.georgecreal.com/in-the-news/wellstar-hospitals-in-metro-atlanta-refuse-to-conduct-dui-blood-tests-on-non-consenting-drivers/) - WSB-TV reported on September 1st, 2015 that Wellstar Hospital System in Metro-Atlanta is refusing to draw the blood of non-consenting drivers even when a warrant is issued. Hospital officials have stated that law enforcement is welcome to draw the blood but hospital employees will not be drawing the blood. Hospitals said simply that their personnel
- [Why lowering the legal limit for DUI Offenses to .05 to .08 could increase DUI Deaths](https://www.georgecreal.com/in-the-news/why-lowering-the-legal-limit-for-dui-offenses-to-05-to-08-could-increase-dui-deaths/) - August 31, 2014. An opinion piece in the Wall Street Journal suggests that the DUI legal limit should be reduced to .05 from .08 as there is no reason to treat commercial drivers differently from drivers of passenger vehicles. However, many people would see this as an imbalance between punishment and blameworthiness as .05 can be
- [A DUI Conviction can make you uninsurable for Life Insurance](https://www.georgecreal.com/in-the-news/a-dui-conviction-can-effect-life-insurance/) - Did you know that a DUI conviction can significantly increase the cost of life insurance or potentially prohibit you from obtaining Life Insurance at all? Inquisitr.com ran a story on September 20, 2015, explaining how that can happen. Nationwide Insurance will reduce life insurance rates after a few years following a DUI conviction. Prudential representatives
- [Volkswagen Proves that Private Proprietary Computer Source Code and the Law Do Not Mix](https://www.georgecreal.com/in-the-news/volkswagen-proves-that-private-proprietary-computer-source-code-and-the-law-do-not-mix/) - The Breaking Volkswagen Diesel Emission Proprietary Source Code Cheating Scandal highlights why private and proprietary computer source code written for legal and regulatory purposes should be free for inspection and review. Hiding behind intellectual property rights and proprietary trade secret laws is just too tempting for human nature and private enterprises to cheat to reach
- [Hand Sanitizers used by operators can cause false positives on breathalyzers as high as .119](https://www.georgecreal.com/in-the-news/hand-sanitizers-used-by-operators-can-cause-false-positives-on-breathalyzers-as-high-as-119/) - Physicians Weekly reported in its May 1, 2013 issue that hand sanitizers caused significant false positives in controlled studies when used by breathalyzer operators. The DUI Breath test subjects had consumed no alcohol and had registered 0.0 immediately before testing. After the operators applied hand sanitizer, these test subjects tested as high as 0.119. Breathalyzers
- [The Constitution is not a dirty legal trick](https://www.georgecreal.com/in-the-news/the-constitution-is-not-a-dirty-legal-trick/) - On October 29, 2015, WSB-TV Channel 2 ran a spooky Halloween investigative report claiming that DUI Offenders were using a legal “trick” to get out of DUI arrests by claiming they were too drunk to consent to blood and breath tests. This story simplifies the complex and confounds the simple. First, there are two ways to
- [American Beverage Institute slams NTSB recommendation to lower DUI limit](https://www.georgecreal.com/in-the-news/american-beverage-institute-slams-ntsb-recommendation-to-lower-dui-limit/) - Restaurant Group criticism of lowering the DUI legal limit raises important questions Lowering the DUI legal limit Hill reported on January 14, 2016, that the American Beverage Institute (ABI), a restaurant lobbying group, is outraged at the National Transportation Safety Board (NTSB) call to lower the legal limit for per se DUI alcohol from
- [Top Chicago Cop orders Police have functioning Dash Cameras and audio or face discipline](https://www.georgecreal.com/in-the-news/top-chicago-cop-orders-police-have-functioning-dash-cameras-and-audio-or-face-discipline/) - Hey Big Brother, we are watching you too. On December 6, 2015, the Chicago Tribune reports top Chicago Cop ordered the Police to have functioning Dash Camera Video and audio or face discipline. Video and Audio make everybody honest, accountable and follow the law including criminals. Police need transparency now more than ever. Hopefully, this
- [Uber has had unexpected impact on the psychology of DUI](https://www.georgecreal.com/in-the-news/uber-has-had-unexpected-impact-on-the-psychology-of-dui/) - Danny Cevallos of cnn.com April 6, 2016 article about Soccer Star Abby Wamback’s DUI arrest raises an important shift in the psychology of DUI Legal Defense. There has been a strange shift in public perception of drinking and driving, and it is because of Uber. Most people think DUI enforcement is stupid. Its foundation is
- [AAA Study finds legal limit for Marijuana DUIs have no basis](https://www.georgecreal.com/in-the-news/aaa-study-finds-legal-limit-for-marijuana-duis-have-no-basis/) - On May 10, 2016, Azcentral.com reported on a new study by the American Automobile Association (AAA) that found that per se limits for Marijuana DUIs have no scientific basis and do not correlate with impairment. In practical terms, this means that some people who are impaired would escape a Marijuana DUI conviction while others who were not
- [Birchfield Beylund and Bernard Arguments at the SCOTUS](https://www.georgecreal.com/in-the-news/birchfield-beylund-and-bernard-arguments-at-the-scotus/) - Birchfield v. North Dakota; Beylund v. North Dakota; and, Bernard v. Minnesota oral arguments were held at the United States Supreme Court on Wednesday, April 20th, 2016. The primary issue in these three cases is whether it violates the 4th Amendment of the United States Constitution to criminalize the exercise that amounts to a 4th
- [Georgia 2nd Toughest State on DUI behind only Arizona](https://www.georgecreal.com/in-the-news/georgia-2nd-toughest-state-on-dui-behind-only-arizona/) - August 10, 2016. WTVM.com in Columbus Georgia reports a just-released report by wallethub.com that Georgia ranks 2nd in the nation for the toughest DUI conviction penalties. The rankings were based on minimum jail time for 1st and 2nd offenders, aggravation of punishment based on a 10 year look back, license suspension, and fine amounts. This
- [Study finds Uber reduces both DUI and late night traffic fatalities](https://www.georgecreal.com/in-the-news/study-finds-uber-reduces-both-dui-and-late-night-traffic-fatalities/) - The Federalist.com reported on June 16th, 2016 on a new study by University Economic Professors (Dills, Angela K. and Mulholland, Sean E., Ride-Sharing, Fatal Crashes, and Crime (May 31, 2016). Available at SSRN: http://ssrn.com/abstract=2783797) that Ride sharing apps such as Uber reduce traffic deaths and DUI arrests. The study looked at three years and in over
- [GSP to crack down on DUIs after Georgia-Tennessee Game](https://www.georgecreal.com/in-the-news/gsp-to-crack-down-on-duis-after-georgia-tennessee-game/) - On September 29, 2016, the Atlanta Journal-Constitution reported that the Georgia State Patrol is planning on increased DUI enforcement including saturation patrols and roadblocks after the Georgia vs. Tennessee Game in Athens, Georgia. The Nighthawks Taskforce is a highly specialized unit of the Georgia State Patrol with a DUI Police Specialist. We have been fighting the
- [If you are too drunk to drive in Palm Beach Police will give you a ride home](https://www.georgecreal.com/in-the-news/if-you-are-too-drunk-to-drive-in-palm-beach-police-will-give-you-a-ride-home/) - Usually, the sight of blue lights after you have been drinking means that you are about to get a free ride to the county jail, but in Palm, Beach Police are giving people that have had too much to drink to drive a ride home instead of a ride to jail. The Broward Palm Beach
- [Trumps new Immigration Executive Order means mass incarceration for the undocumented](https://www.georgecreal.com/in-the-news/trumps-new-immigration-executive-order-means-mass-incarceration-for-the-undocumented/) - Slate reported on January 25, 2017, on Trump’s latest Executive Order on Immigration. While the mainstream media focuses on the “The Wall,” Criminal Defense attorneys are focusing on the really scary parts for our clients. Our clients range from people with speeding tickets, no driver’s license to serious felony charges. I am sure people will
- [Statham City Police in Barrow County accused of policing DUIs for profit](https://www.georgecreal.com/in-the-news/statham-city-police-in-barrow-county-accused-of-policing-duis-for-profit/) - On January 20, 2017, Crimewatchdaily.com posted an expose of questionable police practices in Statham, Georgia. The city of Statham, with a population of just 2500, is located in Barrow County on the way to Athens off of Georgia 316. Statham is known as a DUI hotbed and reportedly makes exponentially more DUI arrests than surrounding
- [Is the American jury trial an endangered species](https://www.georgecreal.com/in-the-news/is-the-american-jury-trial-an-endangered-species/) - The United States is a country founded on the right to a trial by jury. Yet, juries decide fewer than four percent of criminal cases today and fewer than one percent of civil cases. The widespread use and growth of plea bargaining (where prosecutors offer a reduced jail sentence for a plea before trial and
- [Carl Malamud and his crusade to make access to the Official Code of Georgia Annotated free](https://www.georgecreal.com/in-the-news/carl-malamud-and-his-crusade-to-make-access-to-the-official-code-of-georgia-annotated-free/) - On June 21, 2017, the Lawyerist podcast interviewed Carl Malamud about his crusade to bring free public access to laws, statutes, and regulations on the internet. Of particular interest in this podcast, Carl Malamud discussed his battle with the State of Georgia and Lexis-Nexis about the State’s licensing of its Official Code of Georgia Annotated
- [Washington State passes new E-DUI law for driving using smart phone](https://www.georgecreal.com/in-the-news/washington-state-passes-new-e-dui-law-for-driving-using-smart-phone/) - Washington State becomes the first state to make using a cell phone the same as a DUI as reported in Blaze.com. This is in response to a 32% increase in distracted driving deaths and studies that indicate using a smartphone while driving is worse than driving with a blood-alcohol level over 0.08 grams of alcohol.
- [Acworth Man arrested for DUI and Vehicular Homicide](https://www.georgecreal.com/in-the-news/acworth-man-arrested-for-dui-and-vehicular-homicide/) - Patch.com reports on August 3, 2020, that an Acworth man was charged with DUI and Vehicular Homicide after hitting a pedestrian on I-285 near Northside Drive. The victim was found a half-mile from the scene of the accident as was a heavily damaged pickup. The crash is being investigated by the Investigator Head of the Sandy
- [The Real Deal George Creal Guarantee](https://www.georgecreal.com/general/the_real_deal_george_creal_guarantee/) - 1) Real Deal DUI Lawyers. In a town with too many rookies, you need a DUI lawyer who is the real deal and not a pretender. George Creal, Jr., P.C. is the real deal. We are DUI Attorneys with a reputation for winning DUI cases, aggressively defending DUI clients, and leading the State in pushing
- [Can the police search your yard without a warrant? Short Answer: It Depends.](https://www.georgecreal.com/general/can_the_police_search_your_yard_without_a_warrant_short_answer_it_depends/) - Many individuals accused of crimes or DUI offenses in Metro Atlanta or Georgia are arrested at home or in their yard. They commonly ask questions about Georgia law including can the police arrest me at home without a warrant? The short answer is it depends. Unless Georgia police are in hot pursuit or there are other exigent circumstances, the police generally are required to
- [Inconsistent Police Testimony? Its the Only Consistency!](https://www.georgecreal.com/general/inconsistent_police_testimony_its_the_only_consistency/) - Lawyers see DUI report, grand jury differences By Kim Smith ARIZONA DAILY STAR Two local defense attorneys believe hundreds of felony drunken-driving cases could be dismissed because of the way they were presented to Pima County grand jurors. Prosecutors disagreed with the estimates on affected cases. Law partners James Nesci and Joe St. Louis recently
- [A Drug Conviction Can Make You Ineligible for Government College Scholarships and Financial Aid](https://www.georgecreal.com/general/a_drug_conviction_can_make_you_ineligible_for_government_college_scholarships_and_financial_aid/) - Did you know that a conviction for illegal drug use or possession can result in the loss of State and Federal student aid, including the Georgia HOPE scholarship? Further, a criminal conviction can cause you to be thrown out of some State colleges and universities. Before you plead guilty to any drug offense or DUI
- [Georgia DUI Law Disregards Key Phase of Alcohol Digestion, Puts Innocent Drivers in Peril](https://www.georgecreal.com/general/georgia_dui_law_disregards_key_phase_of_alcohol_digestion/) - In Georgia, one definition of DUI, DUI per se, is such that if a state-administered test finds an individual’s BAC to be .08 or higher within three hours of driving, that person is deemed to have been driving under the influence. But considering the nature of alcohol’s digestion and dissipation, the three-hour window written into the
- [The Intoxilyzer 9000 to Replace the 5000 as Georgia’s State Breath Test – But is it Any Better?](https://www.georgecreal.com/general/the_intoxilyzer_9000_is_it_any_better/) - It’s official, the Intoxilyzer 9000 has been approved by the Georgia Bureau of Investigation to supersede the Intoxilyzer 5000 as the Georgia state-administered breath test machine. The GBI conducted an exhaustive study comparing the Intoxilyzer 9000, the Evidenzer 240, and the Datamaster DMT based on specifications, user reviews, cost/benefit analysis, and many other criteria, but most importantly
- [Game Changer: Do the Internet and Social Media Deter or Encourage DUI?](https://www.georgecreal.com/general/do_the_internet_and_social_media_deter_or_encourage_dui/) - In Pittsburgh, PA, local police departments are concerned that social media is undermining DUI enforcement. According to police, “as soon as they set up a DUI checkpoint, people begin warning others on Twitter and Facebook of the exact location,” which requires them to relocate. This tactic brings to mind the constitutional constraints on roadblocks City of Indianapolis
- [The Real Cost of DUI: Insurance Premiums](https://www.georgecreal.com/general/the_real_cost_of_dui_insurance_premiums/) - Every aspect of a DUI is costly except the most pivotal part: the drinks. A night out with friends that ends in DUI can cost upward of $7000.00 to $10,000. A big chunk of that cost is insurance premiums. Foxbusiness.com breaks down how auto-insurance companies treat DUI convictions. After a DUI most states require that your insurance
- [Drunk Tank Pink: Does your lawyer know why word choice is critical in the courtroom.](https://www.georgecreal.com/general/drunk_tank_pink_does_your_lawyer_know_why_word_choice_is_critical_in_the_courtroom_/) - In Drunk Tank Pink, Adam Alter explains why word choice really matters in the Courtroom. A research group was questioned regarding a video of a car wreck using different terms to describe the accident. Respondents who were asked what happened after the cars “smashed” together estimated higher speeds and more damage while respondents who were asked what happened
- [Did you know that all memories are fabricated?](https://www.georgecreal.com/general/did-you-know-that-all-memories-are-fabricated/) - Technology Entertainment Design Talks are otherwise known as T.E.D. Talks discuss the nature of memories in Memory Games. It turns out that memories are not real and all memories are actually fabricated. Memories are a dynamic conglomeration of experience, suggestion, discussion, and reflection fused together over multiple episodes of recollection. This is why memory is so
- [Parker v State – guilt by machine wins again](https://www.georgecreal.com/general/parker-v-state-guilt-by-machine-wins-again/) - Parker v. State, A13A2100, March 13, 2014. Jason Brent Parker was charged with DUI per se for having an illegal breath alcohol level. He applied for a certificate of materiality under the Uniform Act to Secure the Attendance of Witnesses from Without the State to obtain the source code for the Intoxiliyzer 5000 or Georgia’s
- [Phillip Howard on Criminal Justice reform - wait - what](https://www.georgecreal.com/general/phillip-howard-on-criminal-justice-reform-what/) - Phillip K. Howard noted commentator on Civil Justice reform gave a TED Talk on the topic: Is the Law making us less free? While his reforms are aimed at civil justice reform, they may be more appropriate for criminal justice reform. He suggests giving Judges who feel trapped by the law the ability to use their
- [Fully Informed Jury Association – As a Juror do you know your rights and your power](https://www.georgecreal.com/general/fully-informed-jury-association-as-a-juror-do-you-know-your-rights-and-your-power/) - Do you know what rights and powers you have as a juror? The Fully Informed Jury Association has a webpage and handbooks explaining the overriding power of jurors over courts, prosecutors, and the government. As Thomas Jefferson once said in a letter to Thomas Paine, ” The trial by jury is the only device yet imagined by
- [Does completion of a Pre-Trial Intervention program legally prevent a retrial on the same facts](https://www.georgecreal.com/general/does-completion-of-a-pre-trial-intervention-program-legally-prevent-a-retrial-on-the-same-facts/) - Double Jeopardy, and no I don’t mean the daily double on the game show “Jeopardy!”, is a fundamental right enshrined in the U.S. Constitution. The Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb . .
- [Why is the reasonable doubt standard so important in a DUI case](https://www.georgecreal.com/general/why-is-the-reasonable-doubt-standard-so-important-in-a-dui-case/) - Why Beyond a Reasonable Doubt? Scholars debate where the concept of guilt beyond a reasonable doubt originated from 18th-century lawyers in England, 16th Century theologians in Spain, 17th-century scholars of science in England, or from the Boston Massacre in 1770. Despite this historical controversy, United States Supreme Court Justice John Marshal Harlan II, considered a conservative
- [Georgia Strange Brew – Brewery Tours and Strange Alcohol Brewing Laws](https://www.georgecreal.com/general/strange-brew-brewery-tours-and-the-state-of-georgia-strange-alcohol-laws/) - Georgia is well known for its archaic and stringent alcohol laws which include DUI, brewpub regulations, and brewery restrictions, and seem neither wise, just, or moderate despite our official state slogan to the contrary. On May 15th, 2014, Atlanta Leisure Magazine recently did a story on the North Georgia Beer Brewing scene titled, “How to
- [Immigration or ICE holds have no legal force](https://www.georgecreal.com/general/immigration-or-ice-holds-have-no-legal-force/) - The National Association of Public Defense recently did an expose article on the fallacy of Immigration holds or ICE holds where non-citizens can not be bonded out or released from local jails because immigration authorities have placed a hold on them. Ahold is the result of a warrant signed by a judge or a court
- [Why is there a presumption of innocence?](https://www.georgecreal.com/general/why-is-there-a-presumption-of-innocence/) - A law review article by Alexander Volokh, n Guilty Men raises the issue of why protecting the innocent matters even at the expense of freeing the guilty. From the earliest days of law school, students were told that the law favors a guilty man to be set free over the conviction of an innocent man. We heard law
- [How drug convictions and DUI drug convictions affect your drivers license](https://www.georgecreal.com/general/how-drug-convictions-and-drug-dui-conviction-effect-your-drivers-license/) - License Suspensions for Drug Crimes and Drug DUI convictions Violations of the Georgia Controlled Substance Act and Drug DUI drivers license suspension are governed by O.C.G.A. §40-5-75. Article 2 of Chapter 13 of Title 16 is known as The Georgia Controlled Substance Act (VGCSA). Drug DUIs including both illegal drugs and prescription drugs under O.G.C.A. 40-6-391(a)2, (a)4
- [Can you run from the Cops in Georgia if you have done nothing wrong?](https://www.georgecreal.com/general/can-you-run-from-the-cops-in-georgia-if-you-have-done-nothing-wrong/) - Yes, you can run if you have done nothing criminally wrong. Police must be able to articulate a crime that you are committing or have committed to stop and question. If they then can not, then it is a first tier encounter and you are free to ignore, walk away or run -even if you
- [New Georgia protections to guard against eye witness misidentification in lineups and showups](https://www.georgecreal.com/general/new-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
- [Can a DUI keep your from traveling to Canada?](https://www.georgecreal.com/general/can-a-dui-keep-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
- [Georgia DUI breath test Intoxilyzer 9000 gets an F](https://www.georgecreal.com/general/georgia-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
- [Using tear gas and rubber bullets during peaceful protest is illegal](https://www.georgecreal.com/general/using-tear-gas-and-rubber-bullets-peaceful-protest-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
- [Are Atlanta Georgia Curfews Legal](https://www.georgecreal.com/general/are-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
- [Can police use blood taken at a hospital against me in a DUI?](https://www.georgecreal.com/general/can-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
- [Your Right Against Self-Incrimination and DUI: What You Need to Know](https://www.georgecreal.com/recent-dui-blog-posts/your-right-against-self-incrimination-and-dui-what-you-need-to-know/) - The Ammons v. State Case: Protecting the Right Against Self-Incrimination In Ammons v. State, the Georgia Supreme Court held that a defendant's right against self-incrimination under the Georgia Constitution prohibits law enforcement from compelling a person suspected of DUI to perform a preliminary breath test (PBT) or field sobriety tests (FSTs). The defendant in Ammons
- [Can I DUI Stop be "Unlawfully Prolonged"?](https://www.georgecreal.com/recent-dui-blog-posts/can-i-dui-stop-be-unlawfully-prolonged/) - The Goode decision is a victory for DUI defendants because it sets a precedent that can be used to challenge Georgia DUI arrests. But the authority for a traffic stop ends...
- [How Scientifically Reliable are Field Sobriety Tests?](https://www.georgecreal.com/recent-dui-blog-posts/how-scientifically-reliable-are-field-sobriety-tests/) - DUI Field Sobriety Tests: Show me the randomized double blind placebo control studies with significant N-values published in reputable journals showing that DUI field tests are reliable...there aren't any.
- [Court of Appeals of Georgia, First Division](https://www.georgecreal.com/recent-dui-blog-posts/court-of-appeals-of-georgia-first-division/) - The case is about a woman named Misty Michelle Garrison who was arrested for DUI by the Georgia State Patrol after crashing her car into a utility pole near Blairsville in Union County in Northern Georgia. The State filed an accusation charging Garrison with DUI less safe, failure to maintain lane, and violation of tire
- [New Study Casts Doubt on Reliability of DUI Field Sobriety Tests for Marijuana (THC) and by inference Alcohol](https://www.georgecreal.com/recent-dui-blog-posts/new-study-casts-doubt-on-reliability-of-dui-field-sobriety-tests-for-marijuana-thc-and-by-inference-alcohol/) - A new double-blind, placebo-controlled randomized clinical trial with 182 participants published in the journal JAMA Psychiatry has found that field sobriety tests (FSTs) may not be accurate in identifying drivers who are under the influence of THC. The study, which was conducted by researchers at the University of California, San Diego, found that 49% of
- [HENRY COUNTY STATE COURT: Failure to Maintain Lane - "Thick and Slurred" Speech - Refusal: Not Guilty of All Charges](https://www.georgecreal.com/recent_successes/henry_county_state_court_thick_and_slurred_speech_not_guilty_of_all_charges/) - Our client was pulled over for allegedly driving erratically. The arresting officer wrote in his police report that when he made contact with the defendant he could smell alcohol on his person. According to the report, the officer also observed that our client's speech was “thick and slurred.” Our client refused field tests multiple times,
- [REDUCED CHARGES: Weaving - Refusal: Client Pleaded to Reckless Driving](https://www.georgecreal.com/recent_successes/reduced_charges_weaving_-_refusal/) - The client was following his girlfriend in an ambulance and was pulled over for allegedly weaving. The officer observed bloodshot watery eyes, a strong odor of alcohol, and mumbled slurred speech. The client performed well on field sobriety tests, but the results were distorted in the police report. The client refused the preliminary breath test.
- [CHARGES REDUCED: Failure to Maintaine Lane - Mediocre Field Tests - Refusal: Pleaded to Reckless Driving](https://www.georgecreal.com/recent_successes/charges_reduced_failure_to_maintaine_lane_pleaded_to_reckless_driving/) - The client allegedly crossed over lanes and ran onto the curb, then proceeded to swerve back onto the roadway and straddle the center lane line. The client was pulled over and when the officer approached the vehicle he noticed a strong odor of alcohol. The officer notified a DUI Unit Officer to meet him for
- [FULTON COUNTY STATE COURT: Failure to Maintain Lane - Refusal: Client Found Not Guilty of DUI and FTML](https://www.georgecreal.com/recent_successes/fulton_county_state_court_found_not_guilty_of_dui_and_ftml/) - The client was pulled over for failure to maintain a lane on Old Alabama Road and Buice Road in Johns Creek in Fulton County. Officer reported that when he approached the window the client's eyes were bloodshot and that he could smell the odor of alcohol emanating from his person. The client stated that he
- [CLAYTON COUNTY STATE COURT: Asleep at the Wheel - Refusal - Poor Field Tests: Client Found Not Guilty of All Charges](https://www.georgecreal.com/recent_successes/clayton_county_state_court_client_found_not_guilty_of_all_charges/) - The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer
- [CHARGES REDUCED: Failure to Maintain Lane - Speeding - Refusal: Pleaded to Reckless Driving](https://www.georgecreal.com/recent_successes/charges_reduced_pled_to_reckless_driving/) - The client allegedly was speeding and driving erratically. The officer paced the offender and reported his vehicle speed at 87 mph as our client was pulling away from him. The speed limit was 65 mph. Allegedly, our client continued to drive erratically, speeding and weaving in between cars. According to the police report, there was
- [FULTON COUNTY STATE COURT: Asleep at the Wheel - Refusal - Client Diabetic: Found Not Guilty of DUI](https://www.georgecreal.com/recent_successes/fulton_county_state_court_asleep_at_the_wheel_-found_not_guilty_of_dui/) - The client was asleep at the wheel on Jonesboro Road near I-285 East with the car in drive in the City of Atlanta, Fulton County. When the police approached his vehicle, our client was reportedly disoriented, had glassy eyes, and smelled of alcohol. When prompted, the client said that he had had one beer around
- [FAYETTE COUNTY STATE COURT: Single Vehicle Accident - Refusal - Motion In Limine Denied: Client Found NOT GUILTY of All Charges](https://www.georgecreal.com/recent_successes/fayette_county_state_court/) - The client was in a single-vehicle accident near Highway 270 and Helmer Rd. The client was in a friend's car ready to leave the scene when an officer arrived. He approached the passenger side of the vehicle and notice the odor of an alcoholic beverage and vomit emitted from our client. When asked to perform
- [COWETA COUNTY STATE COURT: Anonymous Tip - Refusal - Motion to Suppress Denied: Client Found Not Guilty of DUI and Reckless Driving](https://www.georgecreal.com/recent_successes/coweta_county_state_court/) - The client was pulled over on I-85 North in Coweta County after an anonymous report of erratic driving. According to police, our client was drifting in and out of her lane. Her tag lights were dysfunctional as well. When the officer approached the vehicle he detected a strong odor of alcohol emitting from the client's
- [Clayton County DUI Jury Trial](https://www.georgecreal.com/recent_successes/recent-successes-clayton-county-dui-juiry-trial/) - July 28, 2011: Clayton County DUI Jury Trial, Georgia DUI Attorney Mark Burton, NOT GUILTY Defendant walked from home to where his car had been wrecked in a ditch and got there before Officers did. Officers investigated the defendant for DUI and arrested him without field sobriety evaluations. Defendant blew .126, but Officer could not
- [Coweta County, NOT GUILTY on failure to maintain lane and DUI – in 20 minutes](https://www.georgecreal.com/recent_successes/recent-successes-not-guilty-on-failure-to-maintain-lane-and-dui-in-20-minutes/) - DUI Coweta County, Roscoe Road, Ga Hwy 70, February 13, 2009. The client was pulled over for allegedly weaving. Video revealed no weaving. State Patrol Trooper testified that although the client was speaking in a normal voice, got out of his car normally, and walked normally that he was less safe because he failed an
- [DUI DeKalb County: Client fell asleep and wrecked his car](https://www.georgecreal.com/recent_successes/dui-dekalb-county-client-fell-asleep-and-wrecked-his-car/) - The client fell asleep and wrecked his car. The client had Sunday brunch that included 1-2 Mimosa's or champagne and orange juice drinks. Later that evening while driving home, the Client wrecked his car. The client was tired from working long hours and had an eye infection. Emergency Medical Technicians arrived and began treating the
- [Aggressive Driving in Georgia](https://www.georgecreal.com/recent-dui-blog-posts/aggressive-driving-in-georgia/) - Aggressive Driving under OCGA 40-6-397 Aggressive driving is a serious problem on our roads. It can lead to accidents, injuries, and even death. In Georgia, aggressive driving is defined as operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. What is Aggressive Driving in Georgia? There are
- [If the Judge is Too Just, Get Rid of Him.](https://www.georgecreal.com/general/if_the_judge_is_too_just_get_rid_of_him/) - D.A. must remove judge from all DUI cases "By PHIL STRICKLAND - For The Californian courtesy of NCtimes.com Justice may be blind, but it’s easy to see there is precious little of it in the courtroom of Judge James Warren for drunken driving victims and their families. In rapid succession two weeks ago, the Riverside
- [DUI Implied Consent: Williams v. State, A09A0836, April 23, 2009](https://www.georgecreal.com/cases_of_note/dui_implied_consent_williams_v_state_a09a0836_april_23_2009/) - Williams v. State, A09A0836, April 23, 2009, the Georgia Court of Appeals suppressed the blood result of a Defendant to whom he did not read implied consent. This is really of no surprise as it has been clear and undisputed law that in order for a state-administered chemical test could be admitted into evidence a
- [Under the limit, still under arrest: State v. Rowell if you blow under I'll let you go is deceptive](https://www.georgecreal.com/cases_of_note/under_the_limit_still_under_arrest_state_v_rowell_if_you_blow_under_ill_let_you_go_is_deceptive/) - Ever heard the DUI slogan broadcasts on the radio "Over the Limit, Under Arrest." Does that mean if you blow under the legal limit you will not be arrested? The legal answer is no, but the public does not know that is not true. The public believes and the government's advertisers keep saying "Over the
- [Chandler v. State, A10A1604, Georgia Court of Appeals, August 4th, 2010, DUI appealed from Gwinnett State Court](https://www.georgecreal.com/cases_of_note/chandler_v_state_a10a1604/) - Georgia criminal law prohibits multiple convictions or successive prosecutions for the same conduct under OCGA § 16-1-7 (b): "If the several crimes arising from the same conduct are known to the proper prosecuting officer at the time of commencing the prosecution and are within the jurisdiction of a single court, they must be prosecuted in a single
- [Odor of Alcohol & Under 21 & Driving = Jail](https://www.georgecreal.com/cases_of_note/odor_of_alcohol_under_21_driving_equals_jail/) - What does it take for someone under 21 to be arrested for DUI? An odor of alcohol and an admission of drinking are enough regardless of impairment. In Dodds v. State, 288 Ga. App. 231 (2007), a 19-year-old male was stopped by police as a result of his tag frame partially covering his license plate
- [STATE v. FEN YUE TAN,A10A0687,Court of Appeals of Georgia, Decided: July 8, 2010](https://www.georgecreal.com/cases_of_note/state_v_fen_yue_tan_a10a0687/) - STATE v. FEN YUE TAN, A10A0687, Court of Appeals of Georgia, Decided: July 8, 2010. F. Tan was arrested for DUI in Gwinnett County after rear-ending another vehicle at a roadblock. She had slurred speech, red and glassy eyes, took two Georgia Standardized Voluntary Field Sobriety Evaluations, a portable breath test, and gave an insufficient
- [Hide the Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619](https://www.georgecreal.com/cases_of_note/hide_the_source_code_yeary_v_state_a09a1786/) - Discovery, Intox 5000, Discovery, Full Information, Source Code: Yeary v. State, A09A1786 (February 10, 2010) and Davenport v. State, A09A1619 (February 11, 2010). The Court of Appeals in a pair of decisions out of Gwinnett County State Court in Lawrenceville, and Cobb County State Court in Marietta, Georgia have affirmed the denial of DUI Defense attorneys to even subpoena
- [George Creal is first Georgia Lawyer to have DUI breath test exclusion for no source code affirmed](https://www.georgecreal.com/cases_of_note/george_creal_is_first_georgia_lawyer_to_have_dui_breath_test_exclusion_for_no_source_code_affirmed/) - State v. Smiley, A09A1827 (12/22/2009). Attorney George Creal is the first lawyer in Georgia to have the exclusion of Intoxilyzer 5000 DUI breath test results by a trial court affirmed by the Georgia Court of Appeals for the failure of the state to produce full information as required by state law including the mysterious Intoxilyzer
- [Wade v. State, A08A1647, DUI, Similar Transactions](https://www.georgecreal.com/cases_of_note/wade_v_state_a08a1647_dui_similar_transactions/) - Wade v. State, A08A1647, DUI, Similar Transactions, the Georgia Court of Appeals essentially admits that similar transaction evidence in DUI cases is bad law. Georgia is the only state in the union that allows similar transaction evidence to come in as evidence of "bent of mind" which is just another way of saying bad character
- [Wright v. State, A10A0459, June 28, 2010](https://www.georgecreal.com/cases_of_note/wright_v_state_a10a0459_june_28_2010/) - Vehicular Homicide, DUI, Sufficiency of the Evidence, Merger. Wright v. State, A10A0459, Georgia Court of Appeal, June 28, 2010. After crossing the centerline, a head-on collision, and admitting ingesting methadone and Xanax, M. Wright was convicted on two counts of vehicular homicide, two counts of serious injury by vehicle, and DUI drugs less safe. Wright
- [DeKalb County Roadblock is Legal: Hurt v. State](https://www.georgecreal.com/cases_of_note/dekalb_county_roadblock_is_legal_hurt_v_state/) - HURT v. THE STATE, A10A2229, Court of Appeals of Georgia, Decided: November 16, 2010. Rico Hurt was convicted of DeKalb DUI illegal blood alcohol level after a bench trial in the DeKalb County State Court in Decatur, Georgia. The DUI Decatur roadblock was found to be legal. The DUI arrestee argued the roadblock was illegal. 
- [Forsyth County DUI: Intoxilyzer 5000 or the State Breath Test maintenance logs are not relevant in a Breath Test DUI case? Jacobson v. State. What about the Constitutiional right to confront and cross-examine witnesses?](https://www.georgecreal.com/cases_of_note/jacobson_v_state_breath_test_logs/) - JACOBSON v. STATE, 10A2041, Court of Appeals of Georgia, Decided: November 16, 2010. After a DUI jury trial in Forsyth County State Court at the Forsyth County Courthouse in Cumming, Georgia, Jeffrey Lee Jacobson appealed his conviction for DUI alleging that (i) the Forsyth County Trial Judge improperly commented on the evidence in violation of
- [Brogdon v. State, A09A1269, Police can obtain a DUI search warrant for medical records](https://www.georgecreal.com/cases_of_note/brogdon_v_state_a09a126_police_can_obtain_a_dui_search_warrant_for_medical_records/) - In Brogdon v. State, A09A1269, the Georgia Court of Appeals affirmed the use of a DUI search warrant to obtain medical records regarding a driver after an accident where an open beer can was found in the car and the driver smelled of alcohol by the Gwinnett County State Court trial judge. The Georgia Court of
- [Cobb County DUI: case can't be dismissed for failure to list witnesses](https://www.georgecreal.com/cases_of_note/cobb_county_dui_case_cant_be_dismissed_for_failure_to_list_witnesses/) - Major v. State, A10A1515, Cobb County DUI, list of witnesses with the accusation, (October 05, 2010); Dalthan Major appeals his conviction for DUI before a Cobb County jury in Marietta, Georgia. He appealed claiming that he should have been tried with the witnesses available on the initial date of trial under O.C.G.A. 17-16-21. The Court
- [Douglas County DUI/Hit and Run reversed by Georgia Court of Appeals](https://www.georgecreal.com/cases_of_note/douglas_county_duihit_and_run_reversed_by_georgia_court_of_appeals/) - Reynolds v. State, A10A1234, Georgia Court of Appeals, DUI, HIt & Run, Sufficiency of the Evidence (September 10, 2010): A Douglas County jury found Carolyn Reynolds guilty of DUI and Hit and Run. The Georgia of Court of Appeals reversed the conviction because the Douglas County Prosecutors did not present any evidence of anyone involved in a
- [Strickland v. State, A09A0988, pretrial bond conditions not double jeopardy](https://www.georgecreal.com/cases_of_note/strickland_v_state_a09a0988_pretrial_bond_conditions_not_double_jeopardy/) - The Georgia Court of Appeals held in Strickland v. State, A09A0988 that pretrial bond conditions set by a Gwinnett County DUI Judge in Lawrenceville, Georgia do not violate the double jeopardy provisions of the United States and Georgia Constitution. The Gwinnett County DUI defendant had been arrested for her 3rd DUI with a blood-alcohol level of .326. The
- [When avoiding a roadblock is a first tier encounter: Bacallo v. State, Oconee County](https://www.georgecreal.com/cases_of_note/when_avoiding_a_roadblock_is_a_first_tier_encounter_bacallo_v_state_oconee_county/) - Bacallao v. State, A10A1743, January 6, 2011. After a Bench Trial in Oconee County State Court in Watkinsville, Georgia, Denise Bacallao was convicted of DUI. She appealed alleging that her stop and seizure was illegal. She was stopped after a Georgia State Trooper saw her pull into a gas station immediately before a roadblock was
- [DUI Source Code Debate Continues: Mathis v. State, A09A0962](https://www.georgecreal.com/cases_of_note/dui_source_code_debate_continues_mathis_v_state_a09a0962/) - In Mathis v. State, A09A0962, the Georgia Court of Appeals addressed an appeal from the denial of a request for the DUI Source Code in a DUI case from Douglasville, Douglas County, Georgia. The DUI driver was arrested for speeding found with open beers in the car, displayed manifestations of alcohol impairment according to the
- [Holowiak v. State, A08A1872: Dodging the Intox 5000 Souce Code](https://www.georgecreal.com/cases_of_note/holowiak_v_state_a08a1872_dodging_the_intox_5000_souce_code/) - In Holowiak v. State, A08A1872, the Court of Appeals refused to address the Intox 5000 source code in an appeal from the State Court of Cherokee County in Canton, Georgia. Mr. Holowiak, who was stopped at a roadblock in Cherokee County, challenged the "propriety of the roadblock and test results from the Intoxilyzer 5000 machine
- [Can Police stop you to investigate if you are DUI in Georgia based on a phone call from another driver?](https://www.georgecreal.com/cases_of_note/can_police_stop_you_to_investigate_based_on_phone_call/) - Accordingly, a general suspicion or a mere hunch is not sufficient to support an investigative stop. Although the primary means by which DUI police officers acquire reasonable suspicion is a personal observation of DUI driving, information acquired from an informant that exhibits a sufficient indicia of reliability can also be the basis for reasonable suspicion
- [Davis v. State, A09A2057, dangers of self-representation even if you are a lawyer](https://www.georgecreal.com/cases_of_note/davis_v_state_a09a2057_dangers_of_self-representation_even_if_you_are_a_lawyer/) - In Davis v. State, A09A2057, November 13, 2009, the Georgia Court of Appeals affirmed the judgment of the State Court of Troupe County in LaGrange Georgia in the DUI conviction of Franklin Attorney Dock H. Davis. Mr. Davis represented himself. Mr. Davis was in an accident a 6:15 p.m. wherein he allegedly hit a utility pole in
- [DUI, Probable Cause. Brown v. State, A10A0526, February 10, 2010](https://www.georgecreal.com/cases_of_note/dui_probable_cause_brown_v_state_a10a0526_february_10_2010/) - DUI, Probable Cause. Brown v. State, A10A0526, February 10, 2010. The Court of Appeals the Newton County Trial Court's denial of a motion to suppress after a Covington jury found him guilty of DUI after a trial. The Court of Appeals found that on July 15, 2006, L. Brown was observed driving down the road
- [Dawson County DUI: taking person arrested for DUI 45 minutes to personal doctor for independent test not reasonable](https://www.georgecreal.com/cases_of_note/dawson_county_dui_taking_person_arrested_for_dui_45_minutes_for_independent_test_not_reasonable/) - Ritter v. State, A10A1492, Dawson County DUI, Independent DUI test, Intox 5000 Calibration Certificates (September 16, 2010): William Ritter was convicted by a Dawson County Jury of DUI in Dawsonville, Georgia. Ritter contends that his request for an independent blood test at his personal doctor's office in Alpharetta was not reasonably accommodated. The Georgia Court
- [DUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010)](https://www.georgecreal.com/cases_of_note/dui_illegal_stop_investigative_detention/) - DUI, Illegal Stop, Investigative Detention; Butler v. State, A10AA0736 (April 7, 2010). J. Butler was found guilty of DUI in Columbia County Superior Court in Appling, Georgia near Augusta, Georgia. She appealed the legality of her stop. Staff Sergeant Thomas Harper of the Columbia County Sheriff's Department responded to a domestic disturbance. He saw a vehicle
- [Georgia DUI Implied consent rights are invalid if read 57 minutes after arrest for DUI](https://www.georgecreal.com/cases_of_note/georgia_dui_implied_consent_rights_are_invalid_if_read_57_minutes_after_arrest_for_dui/) - On September 22, 2009, the Georgia Court of Appeals decided Thrasher v. State, a DUI drug case involving methamphetamine impairing driving. The DUI occurred in Chatsworth, Georgia in Murray County. The Georgia Court of Appeals held that the DUI blood test should have been suppressed since the Defendant was arrested at the scene of an
- [DUI, Right to Counsel, Setting Aside Guilty Plea. Alford v. State, S10A0062, April 19, 2010. A. Alfo](https://www.georgecreal.com/cases_of_note/alford_v_state_s10a0062/) - DUI, Right to Counsel, Setting Aside Guilty Plea. Alford v. State, S10A0062, April 19, 2010. A. Alford was found guilty after a bench trial of DUI in Muscogee County State Court in Columbus, Georgia in 1995 without an attorney. He filed a Habeas Corpus petition alleging that he was entitled to legal representation. The Georgia Supreme Court
- [Henry County DUI: waiting on another officer for 25 minutes in front of police car does not trigger Miranda warnings](https://www.georgecreal.com/cases_of_note/henry_county_dui_waiting_on_another_officer_for_25_minutes_no_miranda_warnings/) - Waters v. State, Henry County DUI, Miranda, and DUI, (September 16, 2010). Jennifer Renee Waters was convicted of DUI after a bench trial before the DUI Court judge in Henry County. She was stopped after a be on the lookout call went out for the car driven by Defendant. The Court of Appeals did not
- [Potter v. State, A09A2109, December 03, 2009](https://www.georgecreal.com/cases_of_note/potter_v_state_a09a2109_december_03_2009/) - In Potter v. State, A09A2109, December 3, 2009, the Georgia Court of Appeals held, in a DUI and vehicular homicide case in Walker County, LaFayette, Georgia, that a DUI prosecution may be based on a hospital blood test which uses only blood serum rather than whole blood as required by Georgia law when the State produced
- [DUI Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A20](https://www.georgecreal.com/cases_of_note/dui_drugs_equal_protection_cocaine_metabolite_legal_use_versus_illegal_use/) - DUI, DUI Less Safe Sufficiency of the Evidence, Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A2039, Court of Appeals of Georgia, (Decided: March 18, 2010). B. Head was arrested for DUI in Carroll County after a traffic accident wherein he broadsided a bus that turned in front of him. The
- [Can the Police request a Blood Test if I pass the Breath test?](https://www.georgecreal.com/cases_of_note/can_the_police_request_a_blood_test_if_i_pass_the_breath_test/) - DUI; Implied Consent, Multiple State Administered Tests; Miranda. State v. Warmack, 203 Ga. App. 157 (1998). Officer John Helton stopped W. Warmack for DUI in Dalton, Georgia. He arrested him. Warmack blew .064 and .058 at the police station. Based on the inconsistency of the breath result and the field tests by the Officer, the Officer
- [DUI juror strikes back in Fayette County: State didn't meet burden](https://www.georgecreal.com/cases_of_note/dui_juror_strikes_back_in_fayette_county_state_didnt_meet_burden/) - I was a juror in the DUI case held in state court last week. I am also the mother of four and am very against drinking and driving. I know that this is murder on our streets and my children have been told time and again that they would be in the worst kind of
- [England v. State, A09A2181, December 2, 2009](https://www.georgecreal.com/cases_of_note/england_v_state_a09a2181_december_2_2009/) - In England v. State, A09A2181, December 2, 2009, the Georgia Court of Appeals held in Forsyth County DUI arrest heard in Cumming, Georgia, that when asked by a police officer for a breath test under the implied consent law and the driver replies "I would rather have a blood test" is not a request for an
- [Forsyth County DUI: prior DUIs are admissible in a current DUI prosecution as similar transactions](https://www.georgecreal.com/cases_of_note/forsyth_county_dui_prior_duis_are_admissible_in_a_current_dui_prosecution_as_similar_transactions/) - Steele v. State, Forsyth County DUI, A10A0955, admissibility of prior DUI convictions (September 16, 2010). Perry Lee Steele was convicted of DUI by a Forsyth County jury in Cumming, GA. He appealed claiming that the Court improperly admitted evidence of prior DUI convictions without finding that the DUI was being admitted for a proper purpose and
- [Duncan v. State, A10A0651, Georgia Court of Appeals, June 28, 2010](https://www.georgecreal.com/cases_of_note/duncan_v_state_a10a0651/) - DUI, Prescription Drug DUI, Sufficiency of the Evidence, HGN, DRE, Harper Scientific Reliability. Duncan v. State, A10A0651, Georgia Court of Appeals, June 28, 2010. D. Duncan was found guilty by a Coweta County jury of DUI prescription drugs and alcohol in Newnan, Georgia. The defendant was stopped for driving with his headlights off (because they
- [Stubblefield v. State, A09A2225 February 2, 2010: Don't get medical treatment after a DUI arrest](https://www.georgecreal.com/cases_of_note/stubblefield_v_state_a09a2225_dont_get_medical_treatment_after_a_dui_arrest/) - Discovery, Hospital Blood test, Stubblefield v. State, A09A2225 (February 10, 2010). The Court of Appeals affirmed the Coweta County State Court's denial of a motion to suppress the hospital blood test taken in treating the defendant's diabetic condition on the night of the DUI arrest. A Newnan Jury found E.J. Stubblefield guilty of DUI alcohol less safe
- [Don't mix Ambien with anything: Myers v. State, A10A0106, March 9th, 2010](https://www.georgecreal.com/cases_of_note/dont_mix_ambien_with_anything_myers_v_state_a10a0106_march_9th_2010/) - A Coweta County jury convicted M. Myers of five counts of DUI after a jury trial in Newnan Georgia. Myers was arrested for DUI after she was pulled over for weaving by Corporal Chris Segrest of the Coweta County Sheriff's Department. Corporal Segrest testified that Myers's speech was slurred, her eyes were glassy, she had
- [DUI Probable Cause: State v. Encinas](https://www.georgecreal.com/cases_of_note/dui_probable_cause_state_v_encinas/) - DUI Probable Cause: State v. Encinas, A09A2151, (February 12, 2010). The Court of Appeals affirmed the finding by the Trial Judge in Bibb County State Court in Macon, Georgia that there was no probable cause to arrest Mr. S. Encinas for DUI. The Trial Judge found that Encinas was driving 70 in a 55 mph zone,
- [Field Tests and why you need to ask if the Officer will arrest you if you refuse: Bramlett v. State](https://www.georgecreal.com/cases_of_note/field_tests_and_why_you_need_to_ask_if_the_officer_will_arrest_you_if_you_refuse_bramlett_v_state/) - M Bramlett appealed his conviction for DUI following a jury trial. Bramlett asserts on appeal that his field sobriety tests, the one-leg stand, and nine-step walk and turn, should be excluded from evidence as they were not consensual. The Trial Court disagreed. The Court of Appeals affirmed the trial court. M. Bramlett was stopped by
- [DUI refusal, Jury Charges, Closing Argument: Cruselle v. State, A10A0575 (April 7, 2010)](https://www.georgecreal.com/cases_of_note/cruselle_v_state_a10a0575/) - G. Cruselle was stopped for speeding on I-285 in DeKalb County by Officer John Fox of the DeKalb County Police Department's Special Operations Division. Officer Fox noted that Cruselle was unsteady on his feet; clothes were in disarray; had a flushed face; had bloodshot, watery, and glassy eyes; a strong odor of alcohol; in a
- [Do DUI Standardized Field SobrietyTests Convict the Innocent?](https://www.georgecreal.com/dui-myths/do_dui_standardized_field_sobrietytests_convict_the_innocent/) - A Colorado Doctor claims that DUI Standardized Field Sobriety Tests convict 3 out of 4 innocent people. DUI Standardized Field Sobriety Tests include the Horizontal Gaze Nystagmus, the 9 steps Walk and Turn, and the One Leg Stand. The Doctor compares the accuracy of the DUI standardized field sobriety test with courthouse security metal detectors. 
- [Why economic theory tells us that the legal limit for DUI of 0.08 is dangerous and should be raised](https://www.georgecreal.com/dui-myths/why_economic_theory_tells_us_that_the_legal_limit_for_dui_of_008_is_dangerous_and_should_be_raised/) - The law of diminishing returns is a fundamental principle of economics which is defined as: The for a continuing effort toward a particular goal to decline in effectiveness after a certain amount of success has been achieved. (economics) A relationship between input and output, such that adding units of any one input labor, capital, etc.) to fixed
- [Georgia Super Speeder Law hits the books January 1st. 2010](https://www.georgecreal.com/new-laws/georgia_super_speeder_law_hits_the_books_january_1st_2010/) - On January 1st, 2010, O.C.G.A. Sec. 40-6-189, hits the law books commonly known as the Super Speeder law. The Super Speeder law provides that drivers who are convicted of driving 75 miles per hour or greater on a two-lane road or 85 mph or greater on any other road are classified as Super Speeders. Super
- [Multiple DUI Offender Unable to Get Private Health Insurance](https://www.georgecreal.com/dui-costs/multiple_dui_offender_uninsurable_for_private_health_insurance/) - I had a client inform me yesterday that he was denied health insurance because of prior DUI convictions. Yet another reason to fight a DUI. Have you been denied Health Insurance because of a DUI conviction? We'd like to hear from you.
- [How much is my DUI in Atlanta, Georgia going to cost?](https://www.georgecreal.com/in-the-news/how_much_is_my_dui_in_atlanta_georgia_going_to_cost/) - Fox Five did a story on December 30, 2009, on the cost of an Atlanta DUI. Each year in Georgia about 200,000 people are arrested for DUI. In the five-county Metro Atlanta area, there are more than 20,000 arrests each year. They concluded that a DUI will cost on average about $10,000.00. That means that
- [New fees for sending in a License Letter: they are not raising taxes if they just raise fees](https://www.georgecreal.com/in-the-news/new_fees_for_sending_in_a_license_letter_they_are_not_raising_taxes_if_they_just_raise_fees/) - Legislative Update: DUI Arrestee Driver's License Tax. When you are arrested for DUI in Georgia, generally you must send a letter to save your Georgia Driver's license within 10 business days to prevent your license from being suspended administratively for your DUI arrest. This is commonly known as the "10-day letter." This letter used to be
- [The 2009 Mothers Against Drunk Driving Law Enforcement Awards are in!](https://www.georgecreal.com/in-the-news/the_2009_mothers_against_drunk_driving_law_enforcement_awards_are_in/) - 2009 MADD Georgia Law Enforcement Award Winners Agency Awards: 2008 Jerry Thompson Award – Carmen Smith- Fulton Solicitor General; 2008 Golden Achievement Award- Captain Luther Hires--Jesup Police Department; 2008 New this year C.E.D.D. “Award Campaign to Eliminate Drunk Driving” –Officer Alvin Rodriguez-City of Atlanta Police Department. – Carmen Smith- Fulton Solicitor General; 2008 Golden Achievement
- [Florida experts declare the DUI Breath Testing device, Intoxilyzer 5000, scientifically unreliable](https://www.georgecreal.com/in-the-news/florida_experts_declare_the_dui_breath_testing_device_intoxilyzer_5000_scientifically_unreliable/) - Heraldtribune.com reported on September 20, 2009, that two top experts have declared the DUI Breath testing device known as the Intoxilyzer 5000 scientifically unreliable in Florida. Florida law only required the Intoxilyzer 5000 to be checked for calibration for DUI breath tests once a month. The new DUI breath testing machine used by Florida, the
- [DUI Police fear Twitter](https://www.georgecreal.com/in-the-news/dui_police_fear_twitter/) - Major news outlets are reporting that police are frustrated by the use of Twitter to warn potentially drunk drivers of roadblocks. Police fear that this free dissemination of information may help to drink drivers escape arrest. This begs the question shouldn't the police want people to know about roadblocks so they will take a cab
- [Even One DUI can keep you out of Canada](https://www.georgecreal.com/in-the-news/even_one_dui_can_keep_you_out_of_canada/) - Have you just been arrested for a DUI in Atlanta? No big deal. I will just plead guilty and move on. I have tickets to the 2010 Winter Olympics in Vancouver and do not want my court date to interfere with my travel plans. Think Again! The Seattle Times reports that four-to-five passengers a week
- [NPR story reveals 9 Billion Dollars a year is spent housing people who can't make bail](https://www.georgecreal.com/in-the-news/npr_story_reveals_9_billion_dollars_a_year_is_spent_housing_people_who_cant_make_bail/) - January 21, 2010: National Public Radio story reveals that overburdened local governments spend over $9 Billion (with a B) Dollars housing people who have been arrested, are awaiting trial, and can't afford to post bail some as low as fifty dollars. These are people a judge has determined are not dangerous, not a threat to
- [Tiger Woods Incident: Silence is a legal right guaranteed by the Constitution](https://www.georgecreal.com/in-the-news/tiger_woods_incident_silence_is_a_legal_right_guaranteed_by_the_constitution/) - Tiger Woods's recent traffic mishap in Orlando, Florida after Thanksgiving brings out interesting issues on how to handle police DUI investigations after a single-car accident. Police are looking for wrongdoing. It is that simple. When someone is looking for wrongdoing, they usually will find it. How you ask could Tiger Woods get in trouble for
- [Here we go again: Intoxilyzer 5000 flawed results have been faulty since 2008](https://www.georgecreal.com/in-the-news/here_we_go_again_intoxilyzer_5000_flawed_results_have_been_faulty_since_2008/) - Washington Police have discovered that DUI breath tests on the Intoxilzyer 5000 have been flawed since 2008 and are dropping DUIs because of it. These are the same DUI breath test machines used in Georgia to incarcerate people for DUI arrests and DUIs in Atlanta. Unlike district authorities, DUI law enforcement officials in Atlanta do
- [Tow Truck Driver towing a DUI Driver's car gets arrested for DUI too](https://www.georgecreal.com/in-the-news/tow_truck_driver_towing_a_dui_drivers_car_gets_arrested_for_dui_too/) - Double DUI in Dalton. A Georgia State Patrol Trooper pulled over a DUI Driver North of Dalton, Georgia. After he arrested the driver for the Dalton DUI and found marijuana in the car, he called for a tow truck. When the tow truck driver arrived he smelled alcohol on his breath. The tow truck driver
- [Tired driver arrested for DUI after failed police field sobriety evaluations...Suprise?](https://www.georgecreal.com/in-the-news/tired_driver_arrested_for_dui_after_failed_police_field_sobriety_evaluationssuprise/) - BARTOW — A second test confirmed what Polk County Commissioner Randy Wilkinson has been saying since Saturday: He wasn’t drunk or on drugs when Lakeland police charged him with driving under the influence. So, prosecutors, Thursday drop-ped the DUI charge against him after a urine analysis found no drug impairment. At a news conference Thursday
- [Illinois Supreme Court Declares HGN Voodoo Science and limits use in court](https://www.georgecreal.com/in-the-news/illinois_supreme_court_declares_hgn_voodoo_science_and_limits_use_in_court/) - Wheaton, IL (PRWEB) April 7, 2010 -- In a sweeping decision, the Illinois Supreme Court placed limits on the police use of a sobriety test that had gone unchallenged in Illinois for the past 25 years. This case (People v. McKown (2010) --- N.E.2d ----, 2010 WL 572082 (Ill.) (McKown II) has been closely followed by police departments,
- [Atlanta Police Chief admits at least 5000 Atlanta area roadblocks were illegal without realizing it](https://www.georgecreal.com/in-the-news/atlanta_police_chief_admits_at_least_5000_atlanta_area_roadblocks_were_illegal_without_realizing_it/) - Atlanta Police Chief George Turner admitted to using unconstitutional roadblocks for general crime deterrence at a Gay, Lesbian, and Transgender Community forum last week. The Atlanta Police Chief's dialogue went as follows: "When you look at where we place roadblocks, and the crime patterns in our community, you'll see roadblocks in that area," Turner said.
- [Obesity affects performance on DUI Field Sobriety Test](https://www.georgecreal.com/in-the-news/obesity_affects_performance_on_dui_field_sobriety_test/) - A New Hampshire man recently was found not guilty on a DUI charge based upon failed field sobriety tests. Critics have cried foul. However, a careful review of police officer training manuals produced by the National Highway Transportation Safety Administration cries 'fair." The alleged DUI driver's defense was that he was obese and the field
- [How life imitates art, a man dressed as a DUI breath test device is arrested for DUI](https://www.georgecreal.com/in-the-news/how_life_imitates_art_a_man_dressed_as_a_dui_breath_test_device_is_arrested_for_dui/) - According to a police report for the City of Oxford Police Department in Ohio, a Halloween reveler, James Miller of Cincinnati, found himself in a scary situation and was arrested for Driving Under the Influence or as they say in Ohio OVI while disguised as a DUI portable alcohol breath test device. He was observed
- [Gwinnett DUI arrest of County Commission Chair proves DUI Field Test don't work](https://www.georgecreal.com/in-the-news/gwinnett_dui_arrest_of_county_commission_chair_proves_dui_field_test_dont_work/) - Law Enforcement can not believe they are wrong so they requested a blood test and went back to the restaurant to seize the receipt. Gwinnett DUI of County Commission Chairman blood test comes back 0.00 revealing no alcohol in his system and raising serious questions about DUI detection and standardized field sobriety evaluation techniques. Gwinnett County Sheriff offers
- [Legislative Update: HB 92 requires second DUI punishment for first time DUI offenders over 0.15](https://www.georgecreal.com/in-the-news/legislative_update_hb_92_requires_second_dui_punishment_for_first_time_dui_offenders_over_015/) - Georgia Representative Kevin Levitas is banking more Georgia DUI capital at the State House in Atlanta with a new "tougher on DUI offenders" legislation in HB 92. Last year it was toughening sanctions for multiple DUI offenders. This year the target is first-time DUI offenders. Soccer moms beware of that third glass of wine! It
- [Mad Max got his DUI expunged, why can't I?](https://www.georgecreal.com/in-the-news/mad_max_got_his_dui_expunged_why_cant_i/) - "When everyone is a criminal, no one is free." - Colin Dodd, Washington Post. Actor Mel Gibson's DUI arrest and accompanying rant in California garnered extensive media coverage. Savvy Media watchers may have noticed that his DUI was expunged last week and may be surprised. What is an expungement? An expungement is when you have
- [Dr. Feelgood or Dr. DUI?](https://www.georgecreal.com/in-the-news/dr_feelgood_or_dr_dui/) - DUI a prescription for jail time By Debby Schamber Driving under the influence of prescription medications has become a more common occurrence in Orange. “There has been an increase of DUI versus DWI because of an increase of people being on prescription medication,” said Sgt. L.L. Claybar of the Orange Police Department. According to reports,
- [Another Georgia DUI, Athletic Director Damon Evan get arrested by Georgia State Patrol](https://www.georgecreal.com/in-the-news/another_georgia_dui_athletic_director_damon_evan_get_arrested_by_georgia_state_patrol/) - Damon Evans, widely honored Athletic Director at the University of Georgia, was arrested for DUI by the Georgia State Patrol Wednesday night, June 30, 2010. All Georgia DUI defendants are presumed innocent until proven guilty by a jury of their peers beyond a reasonable doubt. Read the article.
- [The Turn and Run test is not a standardized field sobriety test!](https://www.georgecreal.com/in-the-news/the_turn_and_run_test_is_not_a_standardized_field_sobriety_test/) - A man who was pulled over for suspicion of DUI in Covington, Georgia, Rockdale County did the turn and run test instead of the Walk and Turn test. He wasn't under arrest, so why can't a man run. He had an odor of alcohol, admitted to drinking a few beers, and had red and glassy
- [Gwinnett Budget Woes Decimate DUI Enforcement](https://www.georgecreal.com/in-the-news/gwinnett_budget_woes_decimate_dui_enforcement/) - The Gwinnett County Court house boys in Lawrenceville, Georgia can't stop talking about the devastating effect of budget woes on DUI enforcement in Gwinnett County. The DUI Court, a successful statewide DUI imitative to get DUI drivers off the road with rehabilitation instead of jail time which merely delays alcohol abuse and doesn't stop it,
- [Rockdale Superior Court Judge says Administrative DUI License Suspensions no good](https://www.georgecreal.com/in-the-news/rockdale_superior_court_judge_says_administrative_dui_license_suspensions_no_good/) - A Rockdale Superior Court Judge has put a halt to illegal DUI license suspensions with a Temporary Restraining Order on the Georgia Department of Driver Services. The petitioners, all persons arrested for DUI, have asserted that the forms initiating their administrative DUI license suspensions were not sworn before a notary public as to the truth
- [Crime Lab produces erroneously high blood alcohol tests](https://www.georgecreal.com/in-the-news/crime_lab_produces_erroneously_high_blood_alcohol_tests/) - Colorado Crime Lab produces false alcohol blood tests in at least 82 DUI cases Eighty-two people in Colorado Springs, Colorado have reportedly been erroneously charged with DUI based on inaccurate blood test results. During a routine audit, Colorado Spring's Crime Lab determined that out of 1000 tests conducted since January 2009 eighty-two results were incorrect
- [Savannah DUI arrests soar and fatalities decline in anticipation of St. Patrick's Day](https://www.georgecreal.com/in-the-news/savannah_dui_arrests_soar_and_fatalities_decline_in_anticipation_of_st_patricks_day/) - The Savannah Morning News reported that DUI arrests in Savannah, Chatham County have sharply increased so far this year compared to last year. This year there have been 127 DUI arrests since January 1st., 2010. Roadway fatalities have decreased from the same period last year from 7 to 3. Law enforcement officials attributed the decrease
- [Henry County Georgia Rapper "Nas" DUI demonstrates the fraud of Drug Recognition Expert techniques](https://www.georgecreal.com/in-the-news/henry_county_georgia_rapper_nas_dui_demonstrates_the_fraud_of_drug_recognition_expert_techniques/) - The rapper "Nas" was arrested in Henry County, Georgia at a DUI roadblock for DUI marijuana on September 10, 2009. The charges were recently dropped when the blood test came back negative for marijuana. The police report stated, “Mr. Jones had a green tongue with raised taste buds, and his pulse was raised to 116
- [Georgia State Patrol Savannah Nighthawks 8 man team makes 587 DUI contacts a month](https://www.georgecreal.com/in-the-news/georgia_state_patrol_savannah_nighthawks_8_man_team_makes_587_dui_contacts_a_month/) - Savannahnow.com reports that the Southern Branch of the Georgia State Patrol (GSP) Nighthawks is making 587 "DUI Contacts" or DUI quota a month with only 8 men. There grant of federal money from the Governor's Office of Highway Safety only requires 100 "DUI Contacts" a month. The Savannah DUI GSP Nighthawks have made 366 DUI
- [North Buckhead Driving and DUI School Opens on Roswell Road near Chastain](https://www.georgecreal.com/in-the-news/north_buckhead_driving_and_dui_school_opens_on_roswell_road_near_chastain/) - The North Buckhead Driving and DUI School opened a new Atlanta DUI school on Roswell Road near Chastain Park called North Buckhead Driving and Dui School. We offer the Georgia DUI Risk Reduction Program (commonly known as "DUI School"), Defensive Driving Classes (for Georgia Driver's License point reductions and to help with negotiating speeding tickets in
- [DUI conviction affirmed of Henry County DUI based on unsteadiness of man with cereral palsy](https://www.georgecreal.com/in-the-news/dui_conviction_affirmed_of_henry_county_dui_based_on_unsteadiness_of_man_with_cereral_palsy/) - Harris v. State, A10A0119 (12/21/09). The Georgia Court of Appeals affirmed the conviction of Rodney Harris a man suspected of driving while a less driver after consuming alcohol in a Henry County Bench Trial for DUI despite it being undisputed that Mr. Harris suffered from the cerebral palsy muscular disorder. (According to Wikipedia, The classical
- [House Bill 907 aims to increase Drunk Driving in Atlanta](https://www.georgecreal.com/in-the-news/house-bill-907-aims-to-increase-drunk-driving-in-atlanta/) - There is a new Bill in the Georgia House aiming to increase Drunk Driving! It is House Bill 907, commonly known as the Uber.com bill. Creative Loafing recently ran a story on it in its February 6, 2014 issue. Uber is a phone app that allows you to order a town car or suv for trips around
- [Roswell Police DUI quota memorandum stuns community](https://www.georgecreal.com/in-the-news/roswell_police_dui_quota_memorandum_stuns_community/) - The Atlanta Journal-Constitution reported on April 28, 2010, the that City of Roswell, Georgia DUI police officers working the night shift have been ordered to meet a 25 a year DUI arrest quota or be transferred off the night shift. The story was based on a memo from a Roswell Police Department shift supervisor in
- [Fayette Daily News Reports DUI crackdown for Fayette County and Peachtree City for Labor Day Weekend 2010](https://www.georgecreal.com/in-the-news/fayette_daily_news_reports_dui_crackdown/) - The Fayette County Georgia Sheriff's Department announced a DUI crackdown in Fayette County, Peachtree City, Tyrone, and Fayetteville. County Sheriff's and local City Police will be teaming up for an "Over the Limit, Under Arrest" weekend for Labor Day 2010.
- [Forest Park, Clayton Co. Slurred speech and couldn’t stand after rear-ending anoth](https://www.georgecreal.com/recent_successes/recent-successes-clayton-co-forest-park-slurred-speech-and-couldnt-stand-after-rear-ending-another-d/) - Testimony that my client had slurred speech and couldn’t stand after rear-ending another driver. He admitted to two beers and an “I don’t care pill” (prescription Xanax). He performed poorly on field tests. He registered a .034 and .036 on the Intoxylzer 5000 and refused a blood test. Argued Client is old and sick but
- [DUI DeKalb County: Client Changed Lanes Without a Blinker](https://www.georgecreal.com/recent_successes/dui-dekalb-county-client-changed-lanes-without-a-blinker/) - Another vehicle was in his blind spot and passing in the right lane. A Georgia State Patrol Trooper stopped the driver on the side of I-20. The trooper testified the client had slurred speech but the video did not reveal a slur. The driver exited, walked, produced his license all without indicating any signs of
- [Henry County, Client charged with DUI in Henry County after weaving within the lan](https://www.georgecreal.com/recent_successes/recent-successes-client-charged-with-dui-in-henry-county-after-weaving-within-the-lane/) - The speech was normal. The walk was normal. 4/6 clues on HGN or the eye jerking test. 3/8 clues on the walk and turn. 1/4 clues on the One Leg Stand. He looked perfectly sober on video. Blew .080 and .082 on Intoxilyzer 5000. The jury found him NOT GUILTY on both charges after hearing
- [Clayton County, Not Guilty on DUI per se, DUI less safe, Reckless Driving, Imprope](https://www.georgecreal.com/recent_successes/recent-successes-not-guilty-on-dui-per-se-dui-less-safe-reckless-driving-improper-lane-change-in-cla/) - Clayton County Jury Trial. Not Guilty on DUI per se, DUI less safe, Reckless Driving, Improper Lane Change in Clayton County Jury Trial with a 0.095 and a single-car accident. It would have helped if the police had gotten the name of the off-duty Atlanta Police Officer first on the scene or even told us
- [A fatal crash with trace of drugs in system can mean 15 years](https://www.georgecreal.com/general/atlanta_drug_arrest_defense_attorney_a_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
- [Can the Police tow my car even if I have someone available to take it as an excuse to search it?](https://www.georgecreal.com/general/can_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
- [Judges have broad discretion to impose jail sentences or probation](https://www.georgecreal.com/general/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
- [Suggested Reading for the Georgia DUI Attorney](https://www.georgecreal.com/general/suggested_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
- [Georgia DUI Myths](https://www.georgecreal.com/general/georgia_dui_myths/) - Myth: Driving at 0.08 is dangerous or a driver is impaired. Fact: A University of Utah study found that drivers talking on cell phones with and without earbuds were more dangerous than drivers who had consumed enough alcohol to be over the 0.08 legal blood alcohol limit for most states. See blog link Strayer, D.
- [Even DUI Lawyers Don't Know When They are DUI](https://www.georgecreal.com/general/even_dui_lawyers_dont_know_when_they_are_dui/) - In January 2007, a Wisconsin DUI lawyer, Rick Petri, 64, got a call from a client that he was arrested for DUI. He went to the station to bail him out and blew a 0.09. The lawyer who had consumed alcoholic beverages earlier in the evening felt fine and thought the alcohol had worn off. Breath alcohol
- [DeKalb Recorders Court](https://www.georgecreal.com/general/dekalb_recorders_court/) - DeKalb Recorders Court has a new website that allows the entry of a not guilty plea by fax or e-mail. Electronic pleas must be done at least ten (10) days prior to the arraignment date assigned by the DeKalb County Police Officer on the Uniform Traffic Citation (UTC). On the website, there is an advisement
- [What if the human body could produce alcohol?](https://www.georgecreal.com/general/what_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
- [The 6th Amendment: What is all the fuss about?](https://www.georgecreal.com/general/the_6th_amendment_what_is_all_the_fuss_about/) - The United States Constitution,6th Amendment to the Bill of Rights states: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to
- [Commonly Asked Questions: What do I do if I am pulled over for DUI?](https://www.georgecreal.com/general/commonly_asked_questions_what_do_i_do_if_i_am_pulled_over_for_dui/) - The short answer is - it depends. Factors to consider are: jurisdiction of arrest, law enforcement agency of arrest, number of drinks. Generalizations are a dangerous thing and there are exceptions. The basic rule of thumb in a DUI case is that a DUI with a "state administered" breath or blood test is harder to win at trial than a case
- [What Georgia violations disqualify a CDL driver for one year](https://www.georgecreal.com/general/what_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
- [Even I'm Not that Good: .413 and Lived is a Record!](https://www.georgecreal.com/general/even_im_not_that_good_413_and_lived_is_a_record/) - Recommendation: medical attention and rehab Man falls on head during sobriety test Largo, Florida — Largo Police responded to a crash at Huntington and East Bay. Police say 55-year-old Alfredo Villada Martinez made a U-turn in front of another vehicle and caused the crash. Police say Martinez’s actions and responses afterwards demonstrated impairment. Martinez kept asking
- [Is a machine accurate when no one keeps the records?](https://www.georgecreal.com/general/is_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
- [Vehicular Homicide, a fifteen year felony, can be based on reckless driving even if you beat the DUI](https://www.georgecreal.com/general/vehicular_homicide_a_fifteen_year_felony_can_be_based_on_reckless_driving_even_if_you_beat_the_dui/) - Guilty plea in fatal crash By Amanda Kramer The man accused of driving drunk and killing a teenager in a car crash in November was sentenced to serve eight years in prison after pleading guilty to the charges this week. Carroll County Superior Court Judge Dennis Blackmon ordered Stanley Keith Benton, 29, of Newnan to

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- [Atlanta DUI Lawyers](https://www.georgecreal.com/atlanta-dui-lawyer/) - Atlanta DUI Lawyer George C. Creal, Jr., P.C. Trial Lawyers: Over 50 years combined experience. Trusted, Proven DUI defense. The Real Deal in Atlanta DUI law."
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- [Polk County DUI Lawyers](https://www.georgecreal.com/dui-polk-county/) - Arrested for DUI in Polk County Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
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- [Cumming DUI Lawyers](https://www.georgecreal.com/dui-cumming/) - Contact Us for a Free Case Evaluation 30 Day Letter Request DUI QUESTIONNAIRE Cumming DUI Lawyer: Premier Defense for DUI Charges in Forsyth County, Georgia Welcome to the DUI Defense in Cumming Information Page Facing a DUI in Cumming, GA? Our skilled Cumming DUI attorneys at George C. Creal, Jr., P.C. provide aggressive defense to
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- [A Real Deal Guarantee](https://www.georgecreal.com/real-deal-guarantee/) - Real Deal Results from Real Deal Georgia DUI Attorneys. Here are Five Real Deal Guarantees you'll get from George Creal Jr. P.C. Trial Lawyers.
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- [Fayetteville DUI Lawyers](https://www.georgecreal.com/fayetteville-dui-lawyer/) - Have you been charged with Driving Under the Influence in Fayetteville, Georgia? Hiring an experienced and knowledgeable Georgia DUI Lawyer is imperative With over 30 years of experience defending DUI arrests including 9 nines of prosecutorial experience, The Lawyers at George C. Creal, Jr., P.C. are the Real Deal Fayetteville DUI Attorneys.
- [Union City DUI Lawyers](https://www.georgecreal.com/dui-union-city/) - Arrested for DUI in Union City, Georgia? Need an accomplished, professional Union City DUI lawyer familiar with the Union City Municipal Court and Fulton County Justice System?
- [Morrow DUI Lawyers](https://www.georgecreal.com/dui-morrow/) - Arrested for DUI in Morrow, Georgia? Need an accomplished, professional DUI attorney familiar with the Morrow Municipal Court and Clayton County Court System?
- [Fulton County DUI Lawyers](https://www.georgecreal.com/fulton-county-dui-lawyer/) - Arrested for DUI in Fulton County, Georgia? Need a Fulton County DUI attorney familiar with the Fulton County Police Departments and State Court?
- [Forest Park DUI Lawyers](https://www.georgecreal.com/dui-forest-park/) - Got a DUI in Forest Park, Georgia? Need an accomplished, professional Forest Park DUI attorney familiar with Forest Park legal proceedings?
- [East Point DUI Lawyers](https://www.georgecreal.com/east-point-dui-lawyer/) - Arrested for DUI in East Point, GA? Need a East Point DUI attorney familiar with the East Point Municipal Court?
- [Fulton Juvenile DUI Lawyers](https://www.georgecreal.com/fulton-county-juvenile-court-dui-lawyers/) - Need an accomplished, professional Fulton County Juvenile DUI attorney familiar with juvenile legal proceedings?
- [Top Ten DUI Secrets](https://www.georgecreal.com/top-10-dui-secrets-police-and-other-lawyers-dont-want-you-to-know/) - 1. Refusing a Blood or Breath Test is Not an Admission of Guilt, 2. If You Refuse the Test You Will NOT Definitely Lose Your License for One Year...
- [Roswell DUI Lawyers](https://www.georgecreal.com/roswell-dui-lawyer/) - Got a DUI in Roswell, GA? Need an accomplished, professional Roswell DUI Attorney familiar with the Roswell Municipal and Fulton County State Court?
- [Milton DUI Lawyers](https://www.georgecreal.com/milton-dui-lawyer/) - Arrested for DUI in Milton, Georgia? Need an accomplished, professional Milton DUI attorney familiar with the Municipal Court of Milton?
- [Smyrna DUI Lawyers](https://www.georgecreal.com/smyrna-dui-lawyer/) - Arrested for DUI in Smyrna, Georgia? Need an accomplished, professional DUI attorney familiar with the Smyrna Municipal Court and Cobb County Justice System?
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- [DUI Questionnaire](https://www.georgecreal.com/dui-questionnaire/) - Atlanta DUI Lawyers | Georgia DUI Law Please answer all questions to the best of your recollection of the stop, and the arrest. The more complete and accurate the information, the better we will be able to prepare and consult you in our conversation about your defense. Contact Our Georgia DUI Lawyers Today Don't let
- [Sandy Springs DUI Lawyers](https://www.georgecreal.com/sandy-springs-dui-lawyer/) - Have you been arrested for DUI charge in Sandy Springs, Georgia? We are an experienced. professional, expert DUI attorneys knowledgeable of the inner workings with the Sandy Springs Municipal Court and Fulton County Justice System?
- [Official Metro Atlanta Georgia Bail Bonding Listings](https://www.georgecreal.com/official-metro-atlanta-georgia-bail-bonding-listings/) - FREE CASE EVALUATION Can a DUI be dismissed? Yes Can I keep my license? Yes Will it be affordable? Yes GET YOUR FREE CASE EVALUATION Sheriff's Department websites for Metro Atlanta and surrounding counties in Georgia where you can find information on authorized bail bonding companies: Fulton County Sheriff's Office: Fulton County Sheriff's Office -
- [Georgia DUI Statute](https://www.georgecreal.com/the-georgia-dui-statute/) - Georgia DUI Statute: § 40-6-391. Drivers with ability impaired by alcohol, drugs, or toxic vapor...What is the Georgia DUI Statute? Read it here.
- [Understanding Georgia's Implied Consent Law](https://www.georgecreal.com/georgia-implied-consent-losing-your-license-after-dui/) - FREE CASE EVALUATION Can a DUI be dismissed? Yes Can I keep my license? Yes Will it be affordable? Yes GET YOUR FREE CASE EVALUATION Understanding Georgia's Implied Consent Law and Losing your License after a DUI arrest Welcome to the Law Office of George Creal, an experienced Atlanta lawyer specializing in DUI defense. Navigating
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- [George Creal - Your Trusted White County DUI Lawyer](https://www.georgecreal.com/white-county-dui-lawyer/) - With over 50 years of combined trial experience, George C. Creal, Jr., P.C., is the White County DUI lawyer who defends with intelligence and compassion. Discover how we can help you navigate DUI charges in White County, Georgia
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- [DUI Attorney Profiles](https://www.georgecreal.com/attorney-profiles/) - Getting a Georgia DUI can be overwhelming. A DUI can cost a lot of time and money--while seriously damaging your reputation. A good Georgia DUI lawyer can help mitigate the damage that a DUI arrest brings to your life.
- [Claudia Creal](https://www.georgecreal.com/claudia-creal/) - Free Case Evaluation Can a DUI be dismissed? YesCan I keep my license? YesWill it be affordable? Yes Get Your Free Case Evaluation Atlanta DUI Lawyers | Georgia DUI Law Claudia Creal is an accomplished attorney with a focus on DUI and general criminal defense. Based in Atlanta, Georgia, she brings a compassionate yet strategic
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- [Administrative License Suspension](https://www.georgecreal.com/georgia-dui-administrative-license-suspension/) - The administrative license suspension hearing usually occurs between 45 and 90 days after the arrest. In some cases, the license hearing can be delayed up to six months.
- [Carroll County DUI Lawyers](https://www.georgecreal.com/dui-carroll-county/) - Carroll County DUI? We know the Carroll County Justice System. We know the Courts, the Judges, the Prosecutors, and the Police, and they know that we are ready to represent our clients to the fullest extent of the law.
- [Coweta County DUI Lawyers](https://www.georgecreal.com/dui-coweta-county/) - With 20 years of experience defending DUI arrests, George C. Creal, Jr., P.C., are the Real Deal Coweta County DUI Attorneys.
- [Paulding DUI Lawyers](https://www.georgecreal.com/paulding-dui-lawyer/) - Contact Us for a Free Case Evaluation 30 Day Letter Request DUI QUESTIONNAIRE George C. Creal, Jr., P.C., Trial Lawyers - Paulding County DUI Attorney Experience and Empathy When You Need It Most in Paulding County Welcome to the DUI Defense in Paulding County Information Page Facing a DUI charge in Paulding County can be
- [DUI Hall of Fame](https://www.georgecreal.com/dui-hall-of-fame/) - The ABC’s of celebrity, famous and infamous DUIs. Anybody can get arrested for DUI. All arrestees are innocent until proven guilty beyond a reasonable doubt.
- [Kennesaw DUI Lawyers](https://www.georgecreal.com/dui-kennesaw/) - Got a DUI in Kennesaw, Georgia? Need an experienced, professional Kennesaw DUI attorney? Find expert legal representation to navigate your case with confidence. Contact us today for trusted DUI defense in Kennesaw.
- [FAQ's](https://www.georgecreal.com/faq/) - Atlanta DUI Lawyers | Georgia DUI Law How many DUI cases have you handled, specifically in GA? I have been handling DUI cases for over 30 years. I have no way to tell you exactly but it is at least several hundred files over the years. We specialize in DUI defense and have handling thousands
- [Eric Bernstein, Associate Attorney](https://www.georgecreal.com/eric-bernstein/) - After years of representing indigent clients in matters ranging from traffic crimes to murder as an Assistant Public Defender, Eric Bernstein has transitioned into private criminal defense in the Metro Atlanta area and well beyond.
- [Justin Goodman, Associate Attorney](https://www.georgecreal.com/justin-goodman/) - Justin began working at George C. Creal, Jr., P.C. in April 2015. His practice focuses on the defense of all criminal offenses in Georgia’s courts, with an emphasis on DUI and traffic related matters.
- [George Creal - Dallas, Georgia DUI Lawyer](https://www.georgecreal.com/dallas-georgia-dui-lawyer/) - Contact Us for a Free Case Evaluation 30 Day Letter Request DUI QUESTIONNAIRE Dallas, Georgia DUI Information We are more than expert DUI lawyers. We solve DUI problems. Getting a DUI in Dallas can be overwhelming. A DUI can cost a lot of time and money--while seriously damaging your reputation. A good DUI lawyer can
- [Georgia BUI (Boating Under the Influence)](https://www.georgecreal.com/bui/) - Georgia Boating Under the Influence law (commonly known as BUI) is very similar to Georgia DUI law. If arrested, you are subject to heavy fines, license suspension, and the possibility of jail time.
- [Marijuana DUI Georgia](https://www.georgecreal.com/marijuana-dui-georgia/) - Under current law, you can only receive a Georgia DUI for ingesting marijuana if the police can prove beyond a reasonable doubt that the marijuana made you “incapable of driving safely” or “less safe.”
- [Can a Georgia DUI be Beat?](https://www.georgecreal.com/can-a-georgia-dui-be-beat/) - Every Georgia DUI arrest has potential legal and factual issues that could result in a dismissal or a not guilty verdict. An experienced Atlanta DUI lawyer must investigate your case thoroughly to determine if any potential DUI defenses apply to you.
- [License Suspensions for Underage DUI](https://www.georgecreal.com/georgia-dui-license-suspension-under-21/) - If you are under 16 years of age and convicted of DUI or a Drug Offense pursuant to O.C.G.A. 40-5-22.1, you are not eligible for a driver’s license until you are17 years of age. If it’s your second offense, you are not eligible for a license until 18 years of age.
- [Arrested. Now What?](https://www.georgecreal.com/arrested-now-what/) - Georgia DUI law is complicated and can prove vexing even for practiced lawyers. Before proceeding with your case, please consider hiring a knowledgeable DUI attorney, if not us, than someone else.
- [What to Expect](https://www.georgecreal.com/what-to-expect/) - For a Georgia DUI, expect to pay between $1500-$7000 in legal fees depending on how far you want to take your case, i.e, plea, motion to suppress evidence, judge trial, or jury trial and/or criminal history.
- [Do I Have a Case?](https://www.georgecreal.com/do-i-have-a-case/) - To truly evaluate your case, a competent Georgia DUI lawyer will need to look over the police reports, incident reports, video tape of the arrest, and 911 dispatch tapes, and at least attempt to speak with the police involved.
- [Reducing Your DUI to Reckless Driving](https://www.georgecreal.com/georgia-dui-reduced-to-reckless/) - Generally speaking a Georgia Reckless Driving is a win in a DUI case but not for everyone. Each arrest has to be judged on a case by case basis.
- [Bail Bonds in Georgia](https://www.georgecreal.com/bail-bonds-in-georgia/) - How do Bail Bonds Work in Georgia? Arrested for DUI or some other criminal offense in Georgia? The first question you have to ask is how do I get out of jail pending a trial or plea?
- [What is an EtG Test?](https://www.georgecreal.com/what-is-an-etg-test/) - EtG stands for ethyl glucuronide. It is a alcohol biomarker meaning. It is used to detect alcohol consumption. EtG is present in all body fluids and tissues but EtG is usually measured in urine.
- [What to Look for in a DUI Lawyer](https://www.georgecreal.com/dui-lawyer/) - A Real DUI Lawyer will have recent Jury Trial Experience. Ask any DUI Lawyer when was the last time they received a "NOT GUILTY" verdict from a Jury after a DUI Jury Trial.
- [The Roadblock](https://www.georgecreal.com/roadblocks/) - Are police checkpoints legal in Georgia? A police roadblock is a recognized exception to the Fourth Amendment prohibition against unreasonable searches and seizures if it meets certain Constitutional criteria...
- [Police-Citizen Encounters](https://www.georgecreal.com/police-citizen-encounters/) - What is an unreasonable search and seizure? Courts have been debating this question for years, and the debate rages on in the city courts of Atlanta, the state courts of Georgia, and all across this country.
- [States Tool](https://www.georgecreal.com/out-of-state-dui-tool/) - The State by State DUI Penalties Tools FREE CASE EVALUATION Can a DUI be dismissed? YesCan I keep my license? YesWill it be affordable? Yes GET YOUR FREE CASE EVALUATION Consequences Of An Out-Of-State DWI / DUI Conviction If you were charged in a different state than the state you are licensed in, please see
- [George Creal - Your Trusted Haralson County DUI Lawyer](https://www.georgecreal.com/haralson-county-dui-lawyer/) - Contact Us for a Free Case Evaluation 30 Day Letter Request DUI QUESTIONNAIRE Haralson County DUI Information What to know if you've been charged with a Haralson County DUI Welcome to George C. Creal,Jr., P.C, DUI Trial Lawyers, the State of Georgia and Haralson County's leading DUI defense law firm, where expertise meets empathy and understanding. With over
- [Peachtree City DUI Lawyers](https://www.georgecreal.com/dui-peachtree-city/) - Arrested for DUI in Peachtree City, Georgia? Whether you were in a car or thought you were being smart and got a DUI in a Golf Cart, your need an accomplished, professional Peachtree City DUI attorney familiar with the Municipal Court of Peachtree City and Fayette County Justice System?
- [Contact form test](https://www.georgecreal.com/contact-form-test/)
- [Contact Us](https://www.georgecreal.com/contact-dui-lawyer/) - Contact us with the form below, and one of our team members will be back in touch with you promptly.
- [What does "DUI" mean in Georgia? What is the Difference between DUI and DWI?](https://www.georgecreal.com/what-does-dui-mean-in-georgia-what-is-the-difference-between-dui-and-dwi/) - Facing a DUI charge in Georgia? Understand the laws, penalties, and your defense options. Learn the difference between DUI, DWI, and Wet Reckless. Get expert legal help from George Creal, a top DUI lawyer in Georgia. Schedule a consultation today!
- [Bibb County DUI Lawyers](https://www.georgecreal.com/dui-bibb-county/) - Do you need an accomplished, professional DUI Attorney who is familiar with the Bibb County Justice System? With 20 years of experience defending DUI arrests, George C. Creal, Jr., P.C., Trial Lawyers is the Real Deal Macon, GA DUI Firm.
- [Expert Villa Rica DUI Lawyer - Protecting Your Rights](https://www.georgecreal.com/villa-rica-dui/) - Facing a DUI in Villa Rica? Our experienced DUI lawyers offer skilled legal defense to minimize consequences and protect your rights. Contact us for a consultation.
- [Where is Your DUI?](https://www.georgecreal.com/your-georgia-dui/) - Atlanta DUI Lawyers | Georgia DUI Law 10 Day Letter Request DUI QUESTIONNAIRE City and County Georgia DUI Information THE GEORGE C. CREAL JR. P.C. REAL DEAL GUARANTEE The Real Deal Guarantee - You should never settle when choosing DUI representation. You deserve a DUI lawyer with experience and integrity, not a pretender. In a
- [Long Term Consequences of a Georgia DUI conviction](https://www.georgecreal.com/long-term-consequences-of-a-georgia-dui-conviction/) - FREE CASE EVALUATION Can a DUI be dismissed? Yes Can I keep my license? Yes Will it be affordable? Yes GET YOUR FREE CASE EVALUATION A DUI (Driving Under the Influence) conviction in Georgia can have serious and long-term consequences. These consequences can be both legal and personal, affecting various aspects of an individual's life.
- [Forsyth, GA, Monroe County DUI Lawyers](https://www.georgecreal.com/forsyth-monroe-county-dui-lawyer/) - Arrested for DUI in Monroe County, Georgia? Need an experienced, professional Monroe County DUI attorney?
- [Lake City DUI Lawyers](https://www.georgecreal.com/dui-lake-city/) - Now you are facing a DUI arrest in Lake City, Georgia? Need an accomplished, professional DUI art lawyer who knows his way around the Lake City Municipal Court?
- [Muscogee County DUI Lawyers](https://www.georgecreal.com/dui-muscogee-county/) - Arrested for DUI Muscogee County, Georgia? Need an accomplished, professional DUI attorney familiar with the Muscogee County Justice System?
- [Top Ten Reasons not to Talk to the Police](https://www.georgecreal.com/top-ten-reasons-not-to-talk-to-police/) - Atlanta DUI Lawyers | Georgia DUI Law 10 Day Letter Request DUI QUESTIONNAIRE Talking to the police never helps. You can't talk your way out of trouble. Police are highly trained and can get you to admit to multiple crimes before they even ask you the question they wanted to ask. Police are trained in
- [Georgia DUI Lawyer Reviews](https://www.georgecreal.com/georgia-dui-lawyer-reviews/) - These are all real stories submitted by real people that we’ve represented; people just like you. You can also find links to Facebook, Yelp, Avvo and Google where clients have also posted 5 star reviews.
- [Pay](https://www.georgecreal.com/payonline/) - Retainers and Payments Make a Payment GA DUI News If you refuse a blood or breath test, police may obtain a warrant for Blood O.C.G.A. § 40-5-67.1 (d.1), provides, "Nothing in the Implied Consent Rights or Implied Consent law shall be deemed to preclude the acquisition or admission ... Read More → What happens to
- [Cartersville DUI Lawyers](https://www.georgecreal.com/dui-cartersville/) - Do you need an accomplished, professional Cartersville DUI attorney who is familiar with the Cartersville Municipal and Bartow County State Courts?
- [Georgia DUI Resource Links](https://www.georgecreal.com/link-list/) - Helpful Georgia DUI Resource Links from approved DUI schools to DUI expert witnesses.
- [Thirty-Day Letter Request](https://www.georgecreal.com/thirtydayletter-request-georgia/) - Atlanta DUI Lawyers | Georgia DUI Law When you are arrested for DUI in Georgia, generally you must send a letter to the Georgia Department of Motor Vehicle Safety within 30 business days to prevent your Georgia Driver's license from being suspended administratively. This is commonly know as the "30 day letter." There is a
- [Whitfield County DUI Lawyers](https://www.georgecreal.com/dui-whitfield-county/) - Arrested for DUI in Whitfield County Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
- [Walker County DUI Lawyers](https://www.georgecreal.com/dui-walker-county/) - Arrested for DUI in Walker County Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
- [Troup County DUI Lawyers](https://www.georgecreal.com/dui-troup-county/) - Arrested for DUI in Troup County or LaGrange Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
- [Rockdale County DUI Lawyers](https://www.georgecreal.com/rockdale-county-dui-lawyer/) - Arrested for DUI in Rockdale County, GA? Need a Rockdale County DUI attorney familiar with the Rockdale County State Court?
- [Newton County DUI Lawyers](https://www.georgecreal.com/dui-newton-county/) - Got a DUI in Newton Coutny, GA? Need an accomplished, professional DUI Attorney familiar with the Newton County Probate Court and Newton County Superior Court?
- [Murray DUI Lawyers](https://www.georgecreal.com/dui-murray-county/) - Arrested for DUI in Murray County Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
- [Jonesboro DUI Lawyers](https://www.georgecreal.com/dui-jonesboro/) - Got a DUI in Jonesboro, GA? Need an accomplished, professional Jonesboro DUI Attorney that knows the ins and outs of the Jonesboro Justice System?
- [Houston County DUI Lawyers](https://www.georgecreal.com/houston-county-dui-lawyer/) - Arrested for DUI in Houston County, GA? Need a Houston County DUI attorney familiar with the Houston County State Court?
- [Henry County DUI Lawyers](https://www.georgecreal.com/dui-henry-county/) - Got a DUI in Henry County, Georgia? Need a Henry County DUI attorney that knows the ins and outs of Henry County legal proceedings?
- [Gainesville DUI Lawyers](https://www.georgecreal.com/dui-gainesville/) - Stopped for DUI in Gainesville, Georgia? Need an accomplished, professional Gainesville DUI attorney familiar with the Gainesville Justice System.
- [Floyd County DUI Lawyers](https://www.georgecreal.com/floyd-county-dui-lawyers/) - Arrested for DUI in Floyd County, Georgia? Need an accomplished, professional DUI attorney familiar with the Floyd County Justice System?
- [Duluth DUI Lawyers](https://www.georgecreal.com/dui-duluth/) - Got a DUI in Duluth, GA? Need an accomplished, professional Duluth DUI attorney?
- [Douglasville DUI Lawyers](https://www.georgecreal.com/dui-douglasville/) - Got a DUI in Douglasville, Georgia? Need an accomplished, professional DUI attorney familiar with the Municipal Court of Douglasville and the Douglas County State Court?
- [Thank you](https://www.georgecreal.com/thank-you/) - We've received your submission
- [Dawson County DUI Lawyers](https://www.georgecreal.com/dui-dawson-county/) - Arrested for DUI in Dawson County Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
- [Conyers DUI Lawyers](https://www.georgecreal.com/dui-conyers/) - Arrested for DUI in Conyers? We know the Court, the Judge, the Prosecutor, and the Police, and they know that we will fight for our clients to the fullest extent of the law.
- [Clayton County DUI Lawyers](https://www.georgecreal.com/dui-clayton-county/) - With over 20 years of representing clients for DUI arrests in Riverdale, Jonesboro, Forest Park, and all over Clayton County, George C. Creal, Jr., P.C., Trial Lawyers is the Real Deal Clayton County DUI Law Firm.
- [Cherokee County DUI Lawyers](https://www.georgecreal.com/dui-cherokee-county/) - Do you need an accomplished, professional DUI Attorney who is familiar with the Cherokee County Justice System?
- [Chattahoochee Hills DUI Lawyers](https://www.georgecreal.com/chattahoochee-hills-dui-lawyer/) - With 20 years of experience defending DUI arrests, George C. Creal, Jr., P.C., Trial Lawyers is the Real Deal Chattahoochee Hills, GA DUI Firm.
- [Barrow County DUI Lawyers](https://www.georgecreal.com/dui-barrow-county/) - With 20 years of experience defending DUI arrests, George C. Creal, Jr., P.C., Trial Lawyers is the Real Deal Barrow County, GA DUI Firm.
- [Georgia DUI Statistics](https://www.georgecreal.com/georgia-dui-statistics/) - Georgia DUI convictions are down 56% since 2008 going from 44017 to 19208 in 2019. First DUI conviction decreased 55% from 36841 in 2008 to 16610 in 2019.
- [Illegal Drug Possesion - The Knock and Talk](https://www.georgecreal.com/illegal-drug-possession-the-knock-and-talk/) - In police parlance, a “knock and talk” is an investigative technique in which one or more police officers approach a private residence and knock on the door. The police then request consent from the owner to search the residence.
- [Columbia County DUI Lawyers](https://www.georgecreal.com/dui-columbia-county/) - Atlanta DUI Lawyers | Georgia DUI Law 10 Day Letter Request DUI QUESTIONNAIRE Columbia County DUI Information What to know if you've been charged with a Columbia County DUI Arrested for DUI in Columbia County Georgia? Need an accomplished, professional DUI attorney from the outside, George C. Creal, Jr., P.C. are the Real Deal DUI Attorneys.
- [What is Georgia Computer Theft?](https://www.georgecreal.com/what-is-georgia-computer-theft/) - To be charged with Computer Theft in Georgia it must be proven that the computer was used “without authority” to copy the the files from the computer server, computer hard drive or cloud server.
- [Punishment for Theft Crimes in Georgia](https://www.georgecreal.com/punishment-for-theft-crimes-in-georgia/) - A theft crime can carry a variety of punishments. If the property which was the subject of the theft exceeds $500.00 in value, there is a mandatory punishment by imprisonment for not less than one nor more than ten years.
- [Georgia Traffic Ticket Lawyer](https://www.georgecreal.com/georgia-traffic-ticket-lawyer/) - NON-SERIOUS TRAFFIC VIOLATIONS WITH FEES STARTING AS LOW AS $500.00 SPEEDING | RED LIGHT | RECKLESS DRIVING |AGGRESSIVE DRIVING | SCHOOL BUS ALL TRAFFIC VIOLATIONS
- [Georgia First Offender Act (FOA)](https://www.georgecreal.com/first-offender/) - Georgia First Offender Act for Probation: Under Georgia law O.C.G.A. § 42-8-60, the Georgia First Offender Act for probation provides as follows...
- [Your Rights as a Georgia DUI Defendant](https://www.georgecreal.com/your-rights-as-a-dui-defendant/) - You have the right to a phone call… when you get to the jail. You have the right to refuse a test of your breath, blood or urine… but you may lose your PRIVILEGE to drive.
- [Georgia Car Accident Claims](https://www.georgecreal.com/georgia-car-accident-claims/) - If you are injured in a car accident through no fault of your own, let us help you get the compensation you deserve. We have obtained millions of dollars for our clients injured through the fault of others in car accidents.
- [Georgia Work Injury Claims](https://www.georgecreal.com/georgia-work-injury-claims/) - Don't delay call our experienced Worker's Compensation specialists to get the benefits you deserve. Employers do not want you to know what you work place injury is really worth.
- [Diabetes and Georgia DUI Arrests](https://www.georgecreal.com/diabetes-and-georgia-dui-arrests/) - The symptoms of a diabetic with low blood sugar (hypoglycemia) or high blood sugar (hyperglycemia) are the same as those of a drunk driver. Read More
- [Conviction License Suspensions](https://www.georgecreal.com/georgia-dui-conviction-license-suspensions/) - Georgia enforces license suspension for DUI conviction differently for first, second and third offenses within 5 years. Read the details here.
- [Child Endangerment DUI](https://www.georgecreal.com/child-endangerment-dui/) - A person who violates this Code section while transporting in a motor vehicle a child under the age of 14 years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or drugs.
- [Blood Alcohol Levels](https://www.georgecreal.com/what-does-a-given-blood-alcohol-level-mean/) - Georgia DUI Law provides for legal inferences for blood alcohol under 0.08 grams. From 0.05 to just under 0.08 grams, there is no presumption of either impairment or sobriety. Under 0.05 grams, there is a presumption of sobriety.
- [Georgia DUI Blood Test](https://www.georgecreal.com/georgia-dui-blood-test/) - Information about the Georgia DUI Blood Test. All Georgia DUI blood tests are done using Gas Chromatography at the Georgia Bureau of Investigation crime lab.
- [Georgia DUI Breath Test](https://www.georgecreal.com/the-breath-test/) - How Accurate is the Georgia DUI Breath Test? History, Science, and Limitations of Breath Testing.
- [Under 21 Georgia DUI Statute](https://www.georgecreal.com/what-is-an-under-21-years-of-age-dui/) - What is the Under 21 Georgia DUI Statute? Read it here so you can better understand Atlanta and Georgia DUI charges for individuals under 21.
- [What to Do if You're Suspected of DUI](https://www.georgecreal.com/what-to-do-if-you-have-been-stopped/) - Unfortunately, if you are pulled over and suspected of driving under the influence, there is no easy answer as to what you should do or how you should act.
- [Common DUI Questions](https://www.georgecreal.com/common-dui-questions/) - Top questions asked about Georgia and Metro Atlanta DUI charges. Get answers about the six different kinds of Georgia DUI and what can be done about them.
- [Videos](https://www.georgecreal.com/georgia-dui-videos/) - Atlanta DUI Lawyers | Georgia DUI Law 10 Day Letter Request DUI QUESTIONNAIRE h2 Placeholder THE GEORGE C. CREAL JR. P.C. REAL DEAL GUARANTEE The Real Deal Guarantee - You should never settle when choosing DUI representation. You deserve a DUI lawyer with experience and integrity, not a pretender. In a town with countless rookies
- [DUI Speaking Engagements](https://www.georgecreal.com/dui-speaking-engagements/) - FREE CASE EVALUATION Can a DUI be dismissed? Yes Can I keep my license? Yes Will it be affordable? Yes GET YOUR FREE CASE EVALUATION H2 Placeholder With One Click or Call We Can Begin Working on Your Georgia DUI Case Online Case Evaluation or CALL (404) 333-0706

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- [DUI Gwinnett County](https://www.georgecreal.com/tag/dui-gwinnett-county/)
- [DUI Hall County](https://www.georgecreal.com/tag/dui-hall-county/)
- [DUI Henry County](https://www.georgecreal.com/tag/dui-henry-county/)
- [DUI Holly Springs](https://www.georgecreal.com/tag/dui-holly-springs/)
- [DUI Houston County](https://www.georgecreal.com/tag/dui-houston-county/)
- [DUI Jasper](https://www.georgecreal.com/tag/dui-jasper/)
- [DUI John's Creek](https://www.georgecreal.com/tag/dui-johns-creek/)
- [DUI Jonesboro](https://www.georgecreal.com/tag/dui-jonesboro/)
- [DUI LaFayette GA](https://www.georgecreal.com/tag/dui-lafayette-ga/)
- [DUI LaGrange GA](https://www.georgecreal.com/tag/dui-lagrange-ga/)
- [DUI Lawrenceville](https://www.georgecreal.com/tag/dui-lawrenceville/)
- [DUI Macon](https://www.georgecreal.com/tag/dui-macon/)
- [DUI Marietta](https://www.georgecreal.com/tag/dui-marietta/)
- [DUI McDonough](https://www.georgecreal.com/tag/dui-mcdonough/)
- [DUI Meriwhether County](https://www.georgecreal.com/tag/dui-meriwhether-county/)
- [DUI Milton](https://www.georgecreal.com/tag/dui-milton/)
- [DUI City of Monroe GA](https://www.georgecreal.com/tag/dui-city-of-monroe-ga/)
- [DUI Morrow](https://www.georgecreal.com/tag/dui-morrow/)
- [DUI Muscogee County](https://www.georgecreal.com/tag/dui-muscogee-county/)
- [DUI Newnan](https://www.georgecreal.com/tag/dui-newnan/)
- [DUI Newton County](https://www.georgecreal.com/tag/dui-newton-county/)
- [DUI Oconee County](https://www.georgecreal.com/tag/dui-oconee-county/)
- [DUI Polk County](https://www.georgecreal.com/tag/dui-polk-county/)
- [DUI Rockdale County](https://www.georgecreal.com/tag/dui-rockdale-county/)
- [DUI Roswell](https://www.georgecreal.com/tag/dui-roswell/)
- [DUI Sandy Springs](https://www.georgecreal.com/tag/dui-sandy-springs/)
- [DUI Savannah](https://www.georgecreal.com/tag/dui-savannah/)
- [DUI Statham](https://www.georgecreal.com/tag/dui-statham/)
- [DUI Troup County](https://www.georgecreal.com/tag/dui-troup-county/)
- [DUI Union County](https://www.georgecreal.com/tag/dui-union-county/)
- [DUI Walker County](https://www.georgecreal.com/tag/dui-walker-county/)
- [DUI White County](https://www.georgecreal.com/tag/dui-white-county/)
- [DUI Whitfield County](https://www.georgecreal.com/tag/dui-whitfield-county/)
- [DUI Winder](https://www.georgecreal.com/tag/dui-winder/)
- [Accident](https://www.georgecreal.com/tag/accident/)
- [Administrative License Suspension](https://www.georgecreal.com/tag/administrative-license-suspension/)
- [Blood Alcohol Levels](https://www.georgecreal.com/tag/blood-alcohol-levels/)
- [Boating Under the Influence BUI](https://www.georgecreal.com/tag/boating-under-the-influence-bui/)
- [Child Endangerment DUI](https://www.georgecreal.com/tag/child-endangerment-dui/)
- [Common DUI Questions](https://www.georgecreal.com/tag/common-dui-questions/)
- [Diabetes and DUI](https://www.georgecreal.com/tag/diabetes-and-dui/)
- [Drug DUI](https://www.georgecreal.com/tag/drug-dui/)
- [DUI Articles](https://www.georgecreal.com/tag/dui-articles/)
- [DUI Blood Test](https://www.georgecreal.com/tag/dui-blood-test/)
- [DUI Breath Test](https://www.georgecreal.com/tag/dui-breath-test/)
- [DUI Costs](https://www.georgecreal.com/tag/dui-costs/)
- [DUI Less Safe](https://www.georgecreal.com/tag/dui-less-safe/)
- [DUI per se](https://www.georgecreal.com/tag/dui-per-se/)
- [Field Sobriety Tests](https://www.georgecreal.com/tag/field-sobriety-tests/)
- [Georgia DUI Probable Cause](https://www.georgecreal.com/tag/georgia-dui-probable-cause/)
- [Georgia First Offender Act](https://www.georgecreal.com/tag/georgia-first-offender-act/)
- [Georgia Law](https://www.georgecreal.com/tag/georgia-law/)
- [Hiring a Lawyer](https://www.georgecreal.com/tag/hiring-a-lawyer/)
- [Implied Consent](https://www.georgecreal.com/tag/implied-consent/)
- [Investigative Detention](https://www.georgecreal.com/tag/investigative-detention/)
- [Law](https://www.georgecreal.com/tag/law/)
- [License Plate Recognition System](https://www.georgecreal.com/tag/license-plate-recognition-system/)
- [Marijuana DUI](https://www.georgecreal.com/tag/marijuana-dui/)
- [Prescription Drug DUI](https://www.georgecreal.com/tag/prescription-drug-dui/)
- [Reckless Driving](https://www.georgecreal.com/tag/reckless-driving/)
- [Refusal](https://www.georgecreal.com/tag/refusal/)
- [Roadblocks](https://www.georgecreal.com/tag/roadblocks/)
- [Traffic Stop](https://www.georgecreal.com/tag/traffic-stop/)
- [Underage DUI](https://www.georgecreal.com/tag/underage-dui/)
- [Vehicular Homicide](https://www.georgecreal.com/tag/vehicular-homicide/)
- [DUI Georgia](https://www.georgecreal.com/tag/dui-georgia/)
- [DUI Myths](https://www.georgecreal.com/tag/dui-myths/)
- [Cases of Note](https://www.georgecreal.com/tag/cases-of-note/)
- [Reduced](https://www.georgecreal.com/tag/reduced/)
- [New DUI Laws](https://www.georgecreal.com/tag/new-dui-laws/)
- [DUI In the News](https://www.georgecreal.com/tag/dui-in-the-news/)
- [DUI Coweta](https://www.georgecreal.com/tag/dui-coweta/)
- [Roadblock](https://www.georgecreal.com/tag/roadblock/)
- [DUI Drugs](https://www.georgecreal.com/tag/dui-drugs/)
- [Georgia DUI](https://www.georgecreal.com/tag/georgia-dui/)
- [Probable Cause](https://www.georgecreal.com/tag/probable-cause/)
- [Fulton County DUI](https://www.georgecreal.com/tag/fulton-county-dui/)
- [Probably Cause](https://www.georgecreal.com/tag/probably-cause/)
- [DUI Breath Tests](https://www.georgecreal.com/tag/dui-breath-tests/)
- [anonymous tipster](https://www.georgecreal.com/tag/anonymous-tipster/)