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Davis v State – Submitting to Authority is not Actually Consent

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 […]

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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 […]

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Young v State – Intox Source Code Drama- its either not specific or not 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 […]

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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 […]

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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 […]

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