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 […]
Read MoreState 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 […]
Read MoreJones 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 […]
Read MoreDUI arrests down 70 percent in Cherokee County over New Years Eve 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 […]
Read MoreHumphries 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. […]
Read MoreState 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 […]
Read MoreMcAllister v State – Sweeping Implied Consent Under the Rug
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 […]
Read MoreState 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 […]
Read MoreCriswell v State – The Police can arrest for a DUI in your own driveway if you don’t 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 […]
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