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Marijuana and other illicit drugs are cheaper and easier to obtain than alcohol in most parts of Cobb County. Therefore, almost half of drivers involved in fatal accidents test positive for drugs. Marijuana is, by far, the leading culprit. Less than 5 percent of these drivers were under the influence of prescription painkillers or another …
Most jurors assume the DUI FSTs are scientifically reliable. But such assumptions are often wrong. Indeed, a closer examination of the NHTSA-approved three-test battery reveals some significant flaws. The FSTs are vital in all DUI cases. Officers use poor FST performance as an excuse to demand chemical samples. If the defendant refuses to provide that …
Several things happen if you refuse a Breathalyzer in Georgia. To encourage, or rather force, more people to take breath tests, many states, such as neighboring Florida, have refusal-to-consent laws. Refusing a Breathalyzer test is a criminal offense independent of DUI. Georgia doesn’t have such a law as such, but it does have similar ones, …
When people ask us this question, they’re really asking “How do I avoid the penalty for first-time DUI in Georgia?” These offenses carry substantial direct and indirect consequences. The direct consequences of a first-time DUI in Georgia are relatively light, compared with the law in other states. A first-time offender must spend between twenty-four hours …
The answer to this important question depends on who you ask. Police officers almost always testify that defendants “failed” the walk-and-turn and other approved FSTs, regardless of the defendant’s actual performance. Until recently, jurors almost always sided with police officer conclusions, no matter how tenuous they were. But police officer credibility recently hit an all-time …
