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Jones v State-Prior DUI comes into evidence to prove knowledge of voluntary driving when DUI

State v. Jones, S14G1061, June 1, 2015. The Georgia Supreme Court addressed the issue of whether under Rule 404(b) of Georgia’s New Evidence Code modeled after the Federal Rules of Evidence, a prior DUI conviction for DUI or “Other Acts Evidence” (Use of the term “Similar Transaction” is now officially discouraged) was admissible in a […]

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Collins v State – Stipulated Bench Trials are for suckers

Collins v. State, A14A0304, Court of Appeals of Georgia, June 17, 2014. Camela Noelle Collins was found guilty of DUI Less Safe, DUI Per Se (having a blood or breath level over 0.08 grams within three hours of driving), and failure to maintain lane after a stipulated bench trial.  The point of the stipulated bench […]

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Humphries v State – refusal means longer to bond out is not deceptive

Humphries v. State, A14A0626, Court of Appeals of Georgia, June 11, 2014. Jennifer Humphries was found guilty of DUI per se after a stipulated bench trial before Judge Alan Jordan in Cherokee County State Court in Canton. Jennifer Humphries was pulled over for weaving and driving slow in the fast lane in October of 2012. […]

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Parker v State – guilt by machine wins again

Parker v. State, A13A2100, March 13, 2014.  Jason Brent Parker was charged with DUI per se for having an illegal breath alcohol level. He applied for a certificate of materiality under the Uniform Act to Secure the Attendance of Witnesses from Without the State to obtain the source code for the Intoxiliyzer 5000 or Georgia’s […]

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MILLER V. STATE – A121A000 – Good Cop or Bad Cop, You’re Probably Going to Jail: Keeping Cool in the Hot Seat

At around 3:00 a.m. on May 1, 2010, Scott C. Miller was pulled over for speeding. He was clocked at going 64 m.p.h in a 45 m.p.h zone. When the officer approached the vehicle he noticed a distinct odor of alcohol. The officer asked if Miller had been drinking. Miller responded that he hadn’t had […]

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Clayton County, Not Guilty on DUI per se, DUI less safe, Reckless Driving, Imprope

Clayton County Jury Trial. Not Guilty on DUI per se, DUI less safe, Reckless Driving, Improper Lane Change in Clayton County Jury Trial with a 0.095 and a single-car accident. It would have helped if the police had gotten the name of the off-duty Atlanta Police Officer first on the scene or even told us […]

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