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State v. Hughes – the seige on standard of review continues and de novo wins again

 State v. Hughes, A13A1399, Court of Appeals of Georgia, November 21, 2013. The Court of Appeals reversed the Trial Court in Columbus after granting a motion on probable cause that suppressed a blood test in a felony vehicular homicide.  This case represents another in a long line of recent cases where traditionally an erroneous or any […]

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DUI Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A20

DUI, DUI Less Safe Sufficiency of the Evidence, Drugs, Equal Protection: Cocaine Metabolite legal use versus illegal use, Head v. State, A09A2039, Court of Appeals of Georgia, (Decided: March 18, 2010). B. Head was arrested for DUI in Carroll County after a traffic accident wherein he broadsided a bus that turned in front of him.  The […]

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Georgia DUI Implied consent rights are invalid if read 57 minutes after arrest for DUI

On September 22, 2009, the Georgia Court of Appeals decided Thrasher v. State, a DUI drug case involving methamphetamine impairing driving.  The DUI occurred in Chatsworth, Georgia in Murray County. The Georgia Court of Appeals held that the DUI blood test should have been suppressed since the Defendant was arrested at the scene of an […]

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