DUI & criminal defense blog

The prosecution may not argue evidence not available to the jury to bolster an officer’s credibility.

Drug Recognition Evaluations have not been demonstrated to reliably indicate whether someone is impaired by marijuana for purposes of driving.

Stops based solely on the registered owner’s license status are lawful under the Fourth Amendment.

If a person arrested for DUI chooses a blood test over a breath test, no warrant is required.

A warrantless blood draw of an unconscious driver is generally permissible under the Fourth Amendment.

Marijuana in closed container with no indication of recent use or other crime does not allow police to search a car.

GBI requires more than moderate harm, not more than minor harm.

A ruling that the Fourth Amendment was not violated may be appealed even if the defendant pleads guilty.

The manner in which a forensic blood draw is performed must comply with the Fourth Amendment.