DUI

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Georgia Appeals Court Denies Defendant’s Motions to Suppress in DUI Arrest

Cherokee County State Court convicted a defendant for driving under the influence (DUI) per se arising from an accident in which he collided with an apartment complex’s vehicle gate and left the scene. The defendant’s girlfriend and resident of the apartment complex then spoke to the responding officer, mentioning that the defendant had imbibed at …

Georgia’s Appeals Court Explains When Detention on a Boat Constitutes Miranda Protection

Hall State Court found a defendant guilty of operating a moving vessel under the influence of alcohol (boating under the influence or BUI) and three counts of endangering a child by operating a moving vessel under the influence of alcohol. The defendant filed a Motion to Suppress Evidence of the field sobriety tests, but the …

Overwhelming Evidence Negates Trial Court Error in DUI Case

DeKalb State Court convicted a defendant of driving under the influence (DUI) – less safe, failure to maintain lane, and improper turn at an intersection arising out of an automobile accident during which she hit another car while making a right turn. The other driver reported to 911, “I just got hit. This lady just …

Appeals Court Wades Through Defendant’s Complaints of Trial Court’s Alleged Abuses

Forsyth State Court convicted the defendant of DUI per se, DUI less safe, and failure to maintain lane. During the trial, the defendant felt that the court commented on an expert witness’s credibility, limited the testimony presented by his expert witness, and unfairly refused to grant a mistrial. Georgia’s Court of Appeals reviewed the defendant’s …

The Court of Appeals Defines Implied Consent in DUI Case

Georgia State Troopers suspected that Jessica Reid was driving under the influence (DUI) and stopped her. She consented verbally to a blood test and provided written consent that she understood the purpose of the test. During her trial, Ms. Reid filed a Motion to Suppress those results, feeling threatened that she would lose her driver’s …

Motion to Suppress DUI Breathalyzer Results in a Georgia State Court

The State Court of Cherokee County allowed Scott Depol’s Motion to Suppress the results of his breathalyzer test, determining that the police had probable cause in arresting him for driving under the influence (DUI), but that Mr. Depol was incapable of consenting freely to the test. The trial court felt that Mr. Depol “was extremely …