FAQs

Excluding Drug Recognition Expert Evidence in Your DUI/Drugs Less Safe Case

If you are not filing motions to exclude DRE evidence in DUI drugs less safe cases, you are missing an incredible opportunity. You are missing an opportunity to knock out the evidence that the State really needs in order to attempt to show that your client is impaired as a result of drugs. Many people are […]

30-Day DUI Appeal Letter

THERE IS NO LONGER A 10-DAY LETTER IN A GEORGIA DUI CASE. THERE IS NOW A 30-DAY LETTER IN GEORGIA DUI CASES. YOU NEED TO KNOW THAT THE 10-DAY LETTER IN A GEORGIA DUI CASE NO LONGER EXISTS. We now have a 30-day letter requirement. Contrary to what many people believe: this letter is not […]

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. […]

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