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 […]Read More
Can a DUI keep your from traveling to Canada?
May 26, 2015. The Winona Daily News ran a story about issues surrounding traveling to Canada after a DUI conviction. Driving under the influence of alcohol is considered serious offense for immigration purposes in Canada and a border officer can refuse you entry into Canada if you have been convicted previously of a DUI. A little […]Read More
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 […]Read More
Phillip Howard on Criminal Justice reform – wait – 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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More
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 […]Read More