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 […]
Read MoreGeorgia 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 […]
Read MoreHand 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 […]
Read MoreVolkswagen 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 […]
Read MoreFrost 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 […]
Read MoreSanders 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 […]
Read MoreState v Mitchell – State 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 […]
Read MoreParker 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 […]
Read MoreBailey 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 […]
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