Mcdonough, GA
Family Lawyer at Mcdonough, GA
Practice Areas: Family, Criminal Defense ... +4 more
OUTCOME: Trial Court's ruling was reversed.
Georgia Court of Appeals found that the trial court erred in limiting the State's use of evidence of defendant's prior DUI convictions to its rebuttal case, because O.C.G.A. 24-4-417 9(a)(1) permitted ... the State to introduce such evidence in its case in chief.
OUTCOME: The suppression of defendant's test results was reversed.
Georgia Court of Appeals held a driver's license suspension was a true and legitimate consequence of a driver refusing to submit to a drug or alcohol test pursuant to implied consent, and there was no ... unlawful coercion when an officer merely informed the defendant of the permissible range of sanctions the State could ultimately be authorized to impose.
OUTCOME: Court of Appeals found that any consent given by Ms. Adkins was not a valid consent.
Georgia Court of Appeals reversed Adkins' conviction finding the trial court erred in denying her motion to suppress holding that the evidence was insufficient to create a reasonable suspicion of crimi ... nal activity which would have allowed the search of her vehicle under the fourth amendment waiver that was a condition of her probation. Court of Appeals found that there was an illegal stop of Ms. Adkins' vehicle.
OUTCOME: This case distinguished the prior ruling of the Court in Cooper v. State (2003)
Georgia Court of Appeals ruled that where probable cause exists to believe a driver involved in a serious injury crash was driving under the influence, an officer need not arrest the driver prior to re ... ading the implied consent warning. If probable cause exists then it is a valid waiver even without an arrest.
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