FAQs

How Do Prior Injuries Impact the Defense of a DUI Charge?

Field sobriety tests and physical manifestations (such as balance and ability to walk) are, at best, circumstantial evidence of my client’s alleged impaired driving ability in most DUI cases. This evidence relates to the state’s charge of DUI less safe charge in Georgia. And, in every Georgia DUI case that goes to trial, I have inevitably obtained a […]

Involuntary Intoxication Defense in Georgia DUI Cases

Many prosecutors, Judges, and even defense lawyers do not under the involuntary intoxication defense to Georgia DUI charges. Of course, the facts need to support the defense, but in the right case, involuntary intoxication is a powerful and intuitive defense. Colon v. State, 256 Ga. App. 505, 568 S.E.2d 811 (2002), provides very useful direction on the defense of […]

DRE Evaluations and Motions to Exclude in DUI Drugs Cases

A critical part of the defense of DUI drugs cases is challenging the admissibility and reliability of DRE Evaluations through a strategic motions practice. Brief in Support of Motion to Exclude Romberg Evidence The evidence and testimony addressed in this motion is generically referred to as the “Romberg test” by law enforcement. It is more […]

DRE Evaluations in DUI Drugs Cases

Categories of Drugs that DREs Try to Identify in Georgia DUI Drugs Less Safe Cases 1. CNS Depressants and GA DUI Drugs Charges CNS depressants “slow” down a person’s brain and central nervous system. Alcohol is the most prominent CNS depressant. Other popular CNS depressants include anti-anxiety tranquilizers, anti-depressants, anti-psychotic tranquilizers and various derivatives of barbituric acid. […]

Can an Illegal Stop Lead to a Georgia DUI Charge?

Was it an illegal stop that led to a Georgia DUI charge? In this post, which I will try to update on an ongoing basis, I will provide recent Georgia DUI cases (or Georgia criminal cases more generally) addressing the sufficiency of evidence to a stop a vehicle. It is important to recognize that if a […]

Can you get a DUI on private property in Georgia?

One of the questions that I’m commonly asked is where it is you can be charged for DUI in Georgia, that is can you be charged with a DUI when you’re on your own private property. The answer to that is yes you can be charged with a DUI despite the fact that you’re on private […]

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