Denstaedt v. State – not knowing what experts review is always admissible is not ineffective
Denstaedt v. State, A14A0858, Court of Appeals of Georgia, October 7, 2014. Matthew Denstaedt was convicted of DUI per se or driving over the legal limit as proven by an alcohol breath test in Gwinnett County State Court after an arrest by a Duluth Police Officer. He was acquitted of being a less safe driver […]
Read MoreState v Gauthier-4th Amendment-Reaching for 1st Tier Encounters – Lesson – just ignore the police
In State v. Gauthier, A13A2430, (3/21/14), the Georgia Court of Appeals reversed a Gwinnett County trial court’s decision to suppress evidence in a DUI case based on lack of articulable reasonable suspicion. In this case, Defendant was alleged to have been seen by Gwinnett County police entering a parking lot after businesses were closed for the […]
Read MorePough v State – plowing new ground in Georgia DUI less safe by dicta
Pough v. State, A13A2269, January 15, 2014. Clifford Pough was standing outside of his gold Jeep on the shoulder of I-85 in Gwinnett County when police pulled up to check the vehicle. No one was inside the Jeep and the vehicle was running but its lights were off. Pough allegedly told police that he was on […]
Read MoreState v Nash the 4th Amendment still smells fresh in Georgia
State v. Nash, A13A0200, A13A0201, Court of Appeals of Georgia, July 16, 2013. The sweet smell of Constitutional rights permeated the Georgia Court of Appeals after reversing a Gwinnett County trial court’s ruling denying the suppression of cocaine, ecstasy, and marijuana, based in part on a Gwinnett County Police officer’s testimony to the “overwhelming odor […]
Read MoreLicense Plate Scanner case goes before Georgia Supreme Court on Tuesday January 7th 2014
The Gwinnett Daily posted reported that the License Plate Scanner case will be argued before the Georgia Supreme Court on Tuesday, January 7th, 2014.The case Rodriguez v. State centers around a traffic stop of Sonia Rodriguez in Norcross in Gwinnett County Georgia who was arrested for Marijuana Possession. Apparently, the License Plate Scanner or LPR recognized […]
Read MoreRodriguez v State – A12A2397 – License Plate Recognition Scanner – Rise of the Drones
In Rodriguez v. State – A12A2397 – April 12, 2013, a divided Georgia Court of Appeals affirmed the Gwinnett County stop and conviction of the Defendant and pondered how far with Courts let the technology go in the face of the 4th Amendment prohibition against unreasonable searches and seizures. Rodriguez was stopped by a License Plate […]
Read MoreCristy v. State – A11A2152: When an Unconstitutional stop is Constitutional? Say What?!
At 7:30 p.m. on August 2009, a Gwinnett County Police officer signaled Curt Christy to pull over because of excessive window tinting. Christy did not pull over, but sped up and turned into a nearby subdivision, eventually pulling into the driveway of his residence. Because Christy proved a minor pursuit and the officer could not […]
Read MoreGwinnett DUI Plea: When a DUI can get you deported
Gwinnett County DUI plea: LOPEZ v.THE STATE, A11A0676, Court of Appeals of Georgia (June 2, 2011). Opinion by Justice BARNES, Presiding Judge. Silverio Lopez appealed the Gwinnett County trial court’s denial of his motion to withdraw his guilty plea to a Gwinnett County DUI Arrest. Lopez contends his trial counsel was ineffective in his failure […]
Read MoreGwinnett County DUI Task Force wins 2011 MADD award
ON March 24, 2011, Mothers Against Drunk Driving (MADD) had awards banquet at the Georgia International Convention Center at 2000 Convention Ct Concourse, College Park, GA 30337-4200. MADD presented the Gwinnett County DUI Task Force as 2010 Statewide DUI Agency of the Year Award. The Individual members of the Gwinnett DUI task force also walked […]
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