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Testimony of two witnesses sufficient to overcome DUI suspect’s claim that she was not driving.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1705104 , Decision Date: 2016-09-13 
Attachment: Click here to download the decision. 

The state established that a driver had been operating her vehicle while intoxicated, despite the fact that the arresting officer never actually witnessed her driving, by presenting two witnesses who testified that they had witnessed the driver operate her vehicle, become involved in a collision, [..] Read More..

City of Alpharetta officer did not have jurisdiction to arrest driver at her home in Roswell.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1704376 , Decision Date: 2016-11-03 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

A driver who was involved in a collision in Alpharetta left the scene of the accident and returned to her home in Roswell.  The Alpharetta officer who investigated the collision subsequently arrested the driver for DUI at her home in Roswell.  This arrest was improper [..] Read More..

Officer parking behind Petitioner but not fully blocking him constituted a first-tier encounter

Topic: DUI, Decided by Judge Miller 
Docket Number: 1726445 , Decision Date: 2017-04-12 
Attachment: Click here to download the decision. 

An officer did not initiate a traffic stop requiring reasonable articulable suspicion by parking his patrol car behind another vehicle, approaching the driver, and asking about his previous and current activities.

Reconsideration granted where body-cam footage showed that office read implied consent prior to placing driver under arrest.

Topic: DUI, Decided by Judge Teate 
Docket Number: 1715842 , Decision Date: 2017-05-31 
Attachment: Click here to download the decision. 

The Department of Driver Services was not authorized to suspend a driver’s license because, as shown on bodycam footage, the driver was read the implied consent notice prior to being placed under arrest.

Constitutionality of warrantless blood test not within the scope of hearing.

Topic: DUI, Decided by Judge Howells 
Docket Number: 1649872 , Decision Date: 2016-07-06 
Attachment: Click here to download the decision. 

Whether the United States Supreme Court’s holding in Birchfield v. North Dakota invalidates the Georgia implied consent statute’s requirement that a driver submit to a warrantless test of his or her blood is outside of the scope of an administrative license suspension hearing.

State need not establish that every screening officer at roadblock had sufficient training and experience.

Topic: DUI, Decided by Judge Brown 
Docket Number: 1627741 , Decision Date: 2016-05-31 
Attachment: Click here to download the decision. 

In establishing the validity of a roadblock, the state is required to show that the screening officer who made the determination to administer field sobriety tests had sufficient training to qualify him or her as a screening officer.  Accordingly, where a roadblock was executed by [..] Read More..

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