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Officer lacked authority to make DUI arrest outside of his jurisdiction

Topic: DUI, Decided by Judge Fry 
Docket Number: 2202688 , Decision Date: 2021-10-01 
Attachment: Click here to download the decision. 

In reversing an administrative suspension of a driver’s license, Judge Fry concluded that the arresting officer did not have authority to arrest the driver outside the officer’s jurisdiction.

Implied Consent Notice Invalidated

Topic: DUI, Decided by Judge Brown 
Docket Number: 2114653 , Decision Date: 2021-03-24 
Attachment: Click here to download the decision. 

Officer’s statements that decision whether to submit to chemical test “made no difference” and that refusal to take the test “would not make things worse” or “change anything” invalidated implied consent notice.

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.

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