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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..

Traffic stop did not commence when officer briefly activated emergency lights.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1635960 , Decision Date: 2016-05-25 
Attachment: Click here to download the decision. 

An officer’s activation of emergency lights may constitute a “show of authority” effectuating a seizure.  However, activation of blue lights is not irrefutable evidence of a traffic stop; whether an individual has been seized must be determined by analyzing “all of the circumstances surrounding the [..] Read More..

Driver did not refuse test where he provided one adequate breath sample.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1635913 , Decision Date: 2016-03-24 
Attachment: Click here to download the decision. 

A driver agreed to submit to a state-administered breath test after he was arrested for DUI and read the implied consent notice.  During the test, the driver provided one adequate breath sample, but failed to provide a second sample.  The officer thereafter indicated on the [..] Read More..

Must affirmatively request chemical test to rescind refusal.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1620749 , Decision Date: 2016-02-18 
Attachment: Click here to download the decision. 

A DUI suspect was not shown to have rescinded his initial refusal to submit to a state-administered chemical test by virtue of the fact that he did not refuse to cooperate with a breath test after the arresting officer presented a search warrant and advised [..] Read More..

Roadblock documentation may be admitted without testimony of supervising officer

Topic: DUI, Decided by Judge Brown 
Docket Number: 1625955 , Decision Date: 2016-02-02 
Attachment: Click here to download the decision. 

The state need not produce the testimony of the supervising officer who implemented an administrative roadblock in order for documentation authorizing the roadblock to be admissible.  Testimony of a trooper who was involved in executing the roadblock at issue was sufficient to lay the foundation [..] Read More..

In DUI arrest, state failed to establish probable cause given totality of the evidence.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1614221 , Decision Date: 2015-12-31 
Attachment: Click here to download the decision. 

Minor driving infractions (speeding, crossing the dashed lane marker, slightly grazing curb upon stopping), watery eyes, and moderate odor of alcohol, were insufficient to demonstrate probable cause when weighed against clear indicia that the driver was not intoxicated, including his clear speech, normal gait, and [..] Read More..

Driver failed to demonstrate proper rescission of refusal to take test.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1604812 , Decision Date: 2015-09-15 
Attachment: Click here to download the decision. 

The driver did not meet his burden of showing he properly rescinded his initial refusal to take the state-administered chemical test.  Specifically, the driver did not rebut the corporal’s testimony that honoring the driver’s request was unreasonable because the corporal had other calls for service. [..] Read More..

Out-of-court statements admissible to show reasonable grounds to believe suspect had been lawfully arrested for DUI.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1551512 , Decision Date: 2015-06-29 
Attachment: Click here to download the decision. 

Petitioner challenged the suspension of his driver’s license because the stop of his vehicle was unsupported by in-court testimony.  The arresting officer’s testimony regarding the statements of the stopping officer, Petitioner argued, was hearsay, and therefore inadmissible to support the validity of the stop.   However, [..] Read More..

The Court again declined to apply Williams in a subsequent case held before Judge Michael Malihi.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1511892 , Decision Date: 2015-05-07 
Attachment: Click here to download the decision. 

Voluntariness inquiry is outside the scope of administrative license suspension proceedings.

Topic: DUI, Decided by Judge Woodard 
Docket Number: 1516390 , Decision Date: 2015-04-29 
Attachment: Click here to download the decision. 

A DUI suspect contended that his agreement to submit to a breath test after having been read the implied consent notice did not amount to “actual consent” such as to obviate the need for obtaining a warrant before procuring and testing a sample of his [..] Read More..

Arresting officers need not ensure that DUI suspects understand implied consent notice.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1530697 , Decision Date: 2015-03-23 
Attachment: Click here to download the decision. 
Attachment: Click here to download the decision on appeal. 

The fact that an arresting officer read a DUI suspect the implied consent notice shortly after advising him of his Miranda rights, including his right to an attorney, did not render the implied consent notice defective.  Because the arresting officer read the applicable implied consent [..] Read More..

Allegations that traffic stop was pretextual unsupported by evidence.

Topic: DUI, Decided by Judge Miller 
Docket Number: 1526352 , Decision Date: 2015-02-25 
Attachment: Click here to download the decision. 

Petitioner challenged the traffic stop precipitating her arrest for DUI, citing purported evidence that the stop was pretextual.  The Court declined to find a pretextual stop because the Petitioner’s evidence was refuted by the arresting officer’s credible testimony, which was corroborated by video evidence, that [..] Read More..

Failure to accommodate request for independent test renders state’s test results inadmissible.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1500263 , Decision Date: 2015-02-11 
Attachment: Click here to download the decision. 

The arresting officer obtained an additional state-administered chemical test in response to a DUI suspect’s invocation of her right to an independent test.  Provision of the second state-administered test was insufficient to meet the statutory requirement that the arresting officer make efforts to accommodate the [..] Read More..

Suspect placed in handcuffs for transport to hospital was under custodial arrest absent indicia to the contrary.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1446835 , Decision Date: 2014-11-10 
Attachment: Click here to download the decision. 

An arresting officer’s testimony that he placed a suspect in handcuffs for transport to the hospital by ambulance sufficiently established that the suspect was under custodial arrest.  The officer’s subsequent reading of the implied consent notice was therefore proper and timely.

Need to respond to four-vehicle collision justified delay in reading implied consent.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1454144 , Decision Date: 2014-11-07 
Attachment: Click here to download the decision. 

An arresting officer’s delay in reading the implied consent notice to Petitioner was excusable in light of the ongoing exigencies presented by a four-vehicle car crash.

Driver’s initial encounter with the Trooper did not escalate into a custodial arrest.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1439471 , Decision Date: 2014-07-21 
Attachment: Click here to download the decision. 

The Trooper’s statement that he observed indicia of intoxication did not elevate the police-citizen encounter to a third-tier custodial arrest.  Rather, the Trooper’s statement amounted to an explanation of his request for field sobriety tests.  The statements certainly did not constitute a formal arrest.  Moreover, [..] Read More..

Concern for family not sufficient to excuse refusal to take breath test.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 0320144 , Decision Date: 2002-12-23 
Attachment: Click here to download the decision. 

A driver’s refusal to submit to a breath test following his arrest for DUI was not justified by personal concerns for his family, his confusion regarding the content of the implied consent warning, or the officer’s failure to affirmatively provide him with an opportunity to [..] Read More..

May incur DUI for driving on private property.

Topic: DUI, Decided by Judge Baxter 
Docket Number: 1020963 , Decision Date: 2010-03-05 
Attachment: Click here to download the decision. 

A driver who was operating his vehicle in his backyard while under the influence of alcohol was lawfully placed under arrest for driving under the influence.

Driver did not meet burden of demonstrating rescission of refusal to take test.

Topic: DUI, Decided by Judge Schroer 
Docket Number: 1412425 , Decision Date: 2013-12-26 
Attachment: Click here to download the decision. 

The driver could not prove that she had properly rescinded her initial refusal to take the state-administered chemical test, because the arresting officer was unable to observe her for the entire duration of her arrest, a factor the courts must consider in determining whether a [..] Read More..

Driver’s insistence upon blood test alone constituted refusal.

Topic: DUI, Decided by Judge Kennedy 
Docket Number: 1450018 , Decision Date: 2014-06-17 
Attachment: Click here to download the decision. 

The driver, who was under arrest for driving under the influence (DUI), refused to take the breath test designated by the arresting officer, insisting instead he would only take a blood test.  Refusing to take the test designated by the arresting officer is tantamount to [..] Read More..

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