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Cobb County DUI Jury Trial by Judge Bowers Reversed: Wagner v. State, a refusal is not evidence of impairment

Wagner v. State, A11A0895, Court of Appeals of Georgia, September 7, 2011. Wagner was convicted of DUI by a jury in Cobb County State Court by Judge Carl Bowers. On October 3, 2008, James D. Wagner was at a restaurant when his 4-year-old child ran outside in the parking lot and fell. Bystanders called the police […]

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Georgia Court of Appeals upholds Cobb DUI Judge’s finding of no probable cause to arrest for DUI

In State v. Goode, A09A0362, the Georgia Court of Appeals upheld a Cobb County Trial Judge’s grant of a motion to suppress based upon an Officer’s lack of probable cause to arrest for DUI.  The alleged DUI driver was first observed by the officer driving normally but the DUI Police Officer decided to run a […]

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Cobb County DUI: case can’t be dismissed for failure to list witnesses

Major v. State, A10A1515, Cobb County DUI, list of witnesses with the accusation, (October 05, 2010); Dalthan Major appeals his conviction for DUI before a Cobb County jury in Marietta, Georgia. He appealed claiming that he should have been tried with the witnesses available on the initial date of trial under O.C.G.A. 17-16-21.  The Court […]

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