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State v Tittle – Exercising your Constitutional Rights equals Guilty Knowledge

On February 5, 2016, the Georgia Court of Appeals issued its opinion in State v. Tittle, 335 Ga. App. 558, 782 SE2d 487 (2016).  In what has become just another DUI “Other Acts” f/k/a “Similar Transactions” case where a Defendant who refused to take a DUI breath test had the State offer evidence of a prior […]

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State v Mitchell – State can not argue if not drunk should have taken test in DUI

State v. Mitchell, A13A1829, March 20, 2014.  A jury found Dantrell Mitchell guilty of DUI after the Prosecutor argued in closing that by refusing a DUI breath test the Defendant failed to take the opportunity to “prove his innocence.”  The Georgia Court of Appeals held that a Prosecutor arguing that a refusal to take a […]

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McAllister v State- if you cant beat em change the rules – closing the loophole of DUI refusals

Newspaper.com reported on January 31, 2014, about the Georgia Court of Appeals closing the DUI test refusal loophole by approving blood test warrants in DUI cases where suspects refuse the testing under the Georgia Implied Consent statute in the decision of McAllister v. State.  But is it a good idea to take away a person’s […]

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Smith v State – the Rule of Sequestration – its not just for breakfast anymore

In Smith v. State, A13A1441, October 3, 2013, the Georgia Court of Appeals found that rule of sequestration of witnesses, where one witness can not watch another witness testify, applies to both jury trials, Judge trials, and preliminary motion hearings in Georgia DUI cases.  At the Trial Court in the Gwinnett County State Court in Lawrenceville, […]

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Sauls v. State-Substantially Incomplete Implied Consent-Officer Interrupted – Refusal Suppressed

Sauls v. State-S12G1292-Implied Consent-Officer Interrupted, Refusal Suppressed (June 17, 2013) Reversing a prior ruling from the Georgia Court of Appeals and excluding the Breath test from the Carrollton Trial Cout in this Georgia Per Se DUI case, this Court held that the Caroll County police officer made a material omission in reading implied consent after […]

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HENRY COUNTY STATE COURT: Failure to Maintain Lane – “Thick and Slurred” Speech – Refusal: Not Guilty of All Charges

Our client was pulled over for allegedly driving erratically. The arresting officer wrote in his police report that when he made contact with the defendant he could smell alcohol on his person. According to the report, the officer also observed that our client’s speech was “thick and slurred.” Our client refused field tests multiple times, […]

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REDUCED CHARGES: Weaving – Refusal: Client Pleaded to Reckless Driving

The client was following his girlfriend in an ambulance and was pulled over for allegedly weaving. The officer observed bloodshot watery eyes, a strong odor of alcohol, and mumbled slurred speech. The client performed well on field sobriety tests, but the results were distorted in the police report. The client refused the preliminary breath test. […]

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DUI refusal, Jury Charges, Closing Argument: Cruselle v. State, A10A0575 (April 7, 2010)

G. Cruselle was stopped for speeding on I-285 in DeKalb County by Officer John Fox of the DeKalb County Police Department’s Special Operations Division. Officer Fox noted that Cruselle was unsteady on his feet; clothes were in disarray; had a flushed face; had bloodshot, watery, and glassy eyes; a strong odor of alcohol; in a […]

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