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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 […]

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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 […]

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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 […]

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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?

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 […]

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Chandler v. State, A10A1604, Georgia Court of Appeals, August 4th, 2010, DUI appealed from Gwinnett State Court

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 […]

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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 […]

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