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Taylor v State – when failure to cooperate with police is less safe DUI

Taylor v. State, A13A1899, March 6. 2014. Jeffrey Taylor was arrested for DUI less safe and obstruction at a Douglasville, Douglas County Roadblock.  The evidence showed that Mr. Taylor approached a roadblock.  He was nervous, visibly shaking, breathing heavily, had glassy eyes but not red, had an odor of alcohol and his heart was beating […]

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Lavertu v. State – What is not ineffective assistance of counsel in a DUI blood test case

In Lavertu v. State, A13A2158, February 7, 2014.  Jacqueline Lavertu was arrested in Douglas County for DUI less safe and DUI Per Se (having a blood alcohol content over 0.08), open container, and failure to maintain lane. The Jury found her not guilty of failure to maintain lane but found her guilty of DUI and […]

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Beware of Vampire Cops: Douglas County and Georgia State Patrol start forced blood draws in refusal cases

Douglas County and Georgia State Patrol DUI Officers have started refusing to take no for answer in DUI cases. Both agencies have adopted police of obtaining a warrant in DUI cases where the driver refuses to provide a breath or blood sample. This is a new policy direction for both agencies with many unresolved legal […]

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Martin v. State, A11A1922, December 7, 2011: Roadblock appealed from Douglas County State Court – Actual Supervisor who approved Roadblock is not necessary

Martin v. State, A11A1922, December 7, 2011: Martin was arrested for a marijuana/drug DUI after being stopped at a roadblock. She appealed the Douglasville Trial Court’s finding that the Roadblock was Constitutionally adequate. The Georgia Court of Appeals routinely has held that Roadblock is permissible when: the State must prove that a highway roadblock program […]

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Shelly v. State, A11AQ2172, November 14, 2011: Douglas County Roadblock valid when approved by Chief Deputy

Shelly v. State, A11AQ2172, November 14, 2011: Ronald Shelley was stopped a roadblock in Douglas County. Shelley contested the Roadblock before the Trial Court in Douglasville, Georgia on the basis that the roadblock was not approved by an authorized supervisor for a legitimate primary purpose.  The Court of Appeals reviewed the case de novo finding the […]

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Douglas County DUI/Hit and Run reversed by Georgia Court of Appeals

Reynolds v. State, A10A1234, Georgia Court of Appeals, DUI, HIt & Run, Sufficiency of the Evidence (September 10, 2010): A Douglas County jury found Carolyn Reynolds guilty of DUI and Hit and Run.  The Georgia of Court of Appeals reversed the conviction because the Douglas County Prosecutors did not present any evidence of anyone involved in a […]

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DUI Source Code Debate Continues: Mathis v. State, A09A0962

In Mathis v. State, A09A0962, the Georgia Court of Appeals addressed an appeal from the denial of a request for the DUI Source Code in a DUI case from Douglasville, Douglas County, Georgia.  The DUI driver was arrested for speeding found with open beers in the car, displayed manifestations of alcohol impairment according to the […]

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