State v. Dyer
Jun 07, 2008OUTCOME: Ga. Court of Appeals
Decided that all defendants with BAC over .08 must actually serve 24 hours in custody.
Charles T. Magarahan's Legal Cases (10)
Atlanta, GA
DUI and DWI Lawyer at Atlanta, GA
Practice Areas: DUI & DWI, Criminal Defense, Lawsuits & Disputes
State v. Underwood
N/AOUTCOME: Court of Appeals upheld our position
We argued that iimplied consent does not arise until the driver is arrested. We were upheld. The Supreme Court, however, disagreed six months later.
State v. Palmaka
N/AOUTCOME: I won first, State won second
I argued that the operator of an intoxilizer machine should be obligaterd to follow his training in performing the test, or the results should not be admissible. The Court of Appeals said the procedur ... es for testing were not a part of the "methods for testing" which the operator is ordered by statute to follow.
State v. Palmaka
N/AOUTCOME: I won at the trial level, the state appealed
I argued that although the procedures for testing on an intoxilizer were not part of the "methods for testing" the operator should at least be required to follow his training in performing the test be ... fore the results should be admissible as evidence. Gwinnett State Court agreed with me. The Court of Apeals said not so fast.
State v. Naik
N/AOUTCOME: I won at Gwinnett State Court
State appealed ruling that said that the methods for testing on an intoxilizer should be followed or the test results are not valid. The Court of Appeals said not necessary.
State v. Kruzel
N/AOUTCOME: Again, I won at the state court, State appealed
I argued that the requirement that the two tests which make up a set of tests on the intoxilizer have to be within 0.02 of one another, was for admissibility purposes only. That means that since the ... lower of the two is the one defendants are prosecuted with, the higher one should be irrelevent after the pre trial hearing on the admissibllity of the tests and should not be presented at trial. The lower court agreed with me. The Court of Appeals said no.
Bagwell v. State
N/AOUTCOME: We lost a week long jury trial
We tried the Bobby Bagwell case before a judge that fought us all through the trial. We appealed teh use of similar transactions and other issues. The court of appeals said he got a fair trial. We d ... idn't think so
McCafferty v. State
N/AOUTCOME: Recission of refusal to test, we lost
Mr. McCafferty rescinded his refusal to take the intoxilizer test. The Court of Apeals decided he waited too long.
Darby v. State
N/AOUTCOME: Mr. Darby was found to have contraband in his car
Police stopped Mr. Darby's car on what we said was a pretext. Neither the trial court nor the Court of Appeals bought what I was selling.
State v. Hulsey
N/AOUTCOME: Double jeopardy
We worked out a plea in the State Court which resulted in the elimination of some Superior Court only charges. The Court of Appeals said the state court did not have the authority to so away with the ... remaining charges and that the Superior Court could still hear the remaining chrges.
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