Atlanta, GA
DUI and DWI Lawyer at Atlanta, GA
Practice Areas: DUI & DWI, Workers Compensation ... +2 more
OUTCOME: Reversed in favor of Defendant
The First case exploring the limits of the new "other acts" dui evidence as codified in OCGA 24-4-417. The Georgia Court of Appeals agreed with my client and held that his prior DUI convictions should ... be excluded.
OUTCOME: DUI Dismissed. Exclusion of breath result for lack of full information affirmed
First Appellate Full Information win. Trial Court granted Defendant's motion to exclude DUI breath test results on Intoxilyzer 5000 based on the State's refusal to provide statutory "Full Information" ... including mysterious computer source code for dui breath testing, training manuals, calibration certificates, maintenance records for breath testing machine. Georgia Court of Appeals affirmed the trial court's ruling holding that Trial Court has broad discretion over the production of evidence for trial.
OUTCOME: Marijuana Charges Dismissed
Police impermissibly expanded the scope of an otherwise routine traffice stop by seeking to search the car without reasonable suspicion of criminal activity. Case dismissed by trial court and affirmed ... by the Court of Appeals
OUTCOME: DUI Dismissed
DUI Blood test of unconscious motorcycle rider suppressed by Court of Appeals as rider was not under arrest for DUI when blood was drawn.
OUTCOME: Summary Judgment for the insurer reversed
Plaintiff filed a declaratory judgment action against Middle Georgia Mutual Insurance Company seeking a judicial declaration of coverage under his homeowner's liability policy which the insurer and tri ... al court had denied. Cunningham agreed to repair his pastor's rental house roof as a favor for $500 to cover expenses with a small amount left over. Cunningham repaired the roof and the roof later caught fire and burned. State Farm Insurance Company sued Cunningham for the damages it paid as a result of the fire. Cunningham filed a claim with his homeowners insurance. The insurance company denied the claim stating that the roofing job consituted a business pursuit exclusion under the policy. Cunningham contended that the roof job was a favor nor was roofing a profession and as such was not excluded from the policy. The Court of Appeals ruled that the policy must be strictly construed against the drafter. The Court held that because this job was a favor and Cunningham was employed with a roofing company as a supervisor and as quality control personnel that the manual labor of installing a roof did not for his pastor did not fall under the business pursuits exclusion. Further, the Court found that the business pursuit exclusion did not apply as roofing is a trade and not a profession. Further, the Court of Appeals found that the claim was timely and not trigger by the report in a local newspaper but by the filing of suit by the liability carrier against Cunningham.
OUTCOME: DUI dismissed
DUI client stopped or improper tag by Peachtree City Police. Tag was obviously valid after closer inspection. Court declared stop illegal and dismissed the DUI Charges
OUTCOME: Reversed
Trial Court's Order dismissing client's case reversed on appeal. Court of Appeals found issue of fact remained for jury as Defendant did not follow proper procedure to use request to admit and could no ... t authenticate alleged covenant not to sue
OUTCOME: Civil Drug Forfeiture Complaint dismissed and property returned
Dismissal of Answer to Civil Drug Forfeiture complaint reversed. Oral motion to dismiss not proper at unrecorded calendar call. Defendant not required to be present to cross-examine answer absent subpo ... ena in a civil case. Summary denial of Defendant's MSJ improper given Defendant's evidence that warrant issued day after search and seizure of property.
OUTCOME: Injunction affirmed
Client filed suit alleged racketeering activity of Defendant under the Georgia Civil RICO Act and obtaining a preliminary injunction freezing the bank accounts of Defendant. Defendant appealed to the ... Georgia Supreme Court who affirmed the injunction under the Georgia RICO Act.
OUTCOME: Case dismissed against client
Eleventh Circuit Court of Appeals affirmed trial court grant of summary judgment to client. County government can not be liable under theory of respondeat superior under 42 USC 1983 but only if it is e ... stablished that a policy of custom of the government entity caused the Constitutional injury.