State v Osterloh – speaking in tongues not actual consent for a DUI blood test
State v. Osterloh, A17A1199, August 30, 2017. The Trial Court granted Christopher Osterloh’s motion to suppress the results of his State-Administered DUI blood test. The State appealed arguing that Defendant had given actual, knowing, intelligent, uncoerced consent to testing. Osterloh was traveling north on Georgia 400 when he was struck by another vehicle. Osterloh’s vehicle […]
Read MorePlemmons v. State – Making Plemonade out of Plemons
Plemmons v. State, A13A2452, February 18, 2014. Glenn Plemmons was convicted by a jury in Forsyth County, Cumming, Georgia of DUI less safe and driving on the wrong side of the road. Plemmons appealed after the trial court found that he had suffered a serious injury which negated the need for an arrest and reading […]
Read MoreJohnson v. State – A13A0397 – Police video can be used against you but not the Police
JOHNSON, JR. v. THE STATE, A13A0397, Court of Appeals of Georgia, July 3, 2013. William Holland Johnson, Jr. was found guilty of DUI by a Forsyth County Jury in the State Court of Forsyth County in Cumming, Georgia. He appealed arguing that the Horizontal Gaze Nystagmus (HGN) test should have been excluded, he was denied […]
Read MoreACREE V. STATE – A12A2057: When Video Evidence Isn’t Enough
Acree v. State (2013) – Georgia Court of Appeals On the night of April 19, 2008, an officer in Forsyth County pulled over William Garrett Acree for failure to maintain a lane. At a motion to suppress evidence the officer testified that before he activated the camera in his patrol car, he observed Acree cross the […]
Read MoreForsyth County DUI: prior DUIs are admissible in a current DUI prosecution as similar transactions
Steele v. State, Forsyth County DUI, A10A0955, admissibility of prior DUI convictions (September 16, 2010). Perry Lee Steele was convicted of DUI by a Forsyth County jury in Cumming, GA. He appealed claiming that the Court improperly admitted evidence of prior DUI convictions without finding that the DUI was being admitted for a proper purpose and […]
Read MoreField Tests and why you need to ask if the Officer will arrest you if you refuse: Bramlett v. State
M Bramlett appealed his conviction for DUI following a jury trial. Bramlett asserts on appeal that his field sobriety tests, the one-leg stand, and nine-step walk and turn, should be excluded from evidence as they were not consensual. The Trial Court disagreed. The Court of Appeals affirmed the trial court. M. Bramlett was stopped by […]
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