Category Archives: New Cases

2 HUGE DUI Decisions out today

The Georgia Supreme Court issued rulings in 2 cases today involving the issue of whether the manufacturer of Georgia’s breath machine can be subpoenaed to court.  The manufacturer, CMI, is based in Kentucky.  Defense lawyers have sought to subpoena the “source code” for the Intox 5000.  The source code is the software which runs the Intox.  Georgia prosecutors have always fought any request that the software be provided to see if the machine was working properly. The only avenue for a defendant to obtain the software was to request that a subpoena issue asking CMI’s representative to appear in a Georgia court and bring the software with them.  In one case,

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U.S. Supremes Continue Attack on 4th Amendment

Remember the phrase, “a person’s home is his castle?” Remember the 4th Amendment? You know,  the part about “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause..” The Founding Fathers specifically wrote the 4th Amendment  because they had lived with the King’s troops(today’s police) routinely entering their  homes for no reason other than that they carried the firepower and were the King’s agents. Now the US Supreme Court appears to be taking us back to the colonial days. This is what happened in Kentucky v. King;

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4 Days, 1 Trial, 2 Word Verdict

Last week I spent a month in Gilmer County.  Actually it only felt like a month.  Normally, I limit my DUI practice to the North Metro Atlanta area with occasional trips to Athens; however, this DUI case win was referred to me by a lawyer friend who’d moved his practice from its Gwinnett County law firm to Ellijay.

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The Truth About Reading you the Miranda Warning

I receive many calls from DUI defendants complaining that the police did not “read them their rights” during a DUI arrest. By this, most people mean the famous Miranda warning, named after the Defendant Mr. Miranda in a US Supreme Court case. Everyone knows the Miranda warnings, “You have the right to remain silent. Anything you say or do may be used against you….” . Do cops have to read you the Miranda warnings in a traffic stop? A recent Georgia case gives us the answer.

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New HGN Case in Georgia

In Bravo v. St decided on May 28, 2010, the Georgia Court of Appeals was asked to decide if the arresting officer could testify as to a possible numerical blood alcohol content solely based on the HGN results.

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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.
New Cases (2)