Author Archives: Jay Butchko
How the Horizontal Gaze Nystagmus Test Is Used in Georgia DUI Cases
During a Georgia DUI investigation, an officer may hold a pen, finger, or small light in front of a driver’s face and ask the driver to follow it with the eyes while keeping the head still. The exercise is the horizontal gaze nystagmus test, commonly called HGN. HGN is different from roadside exercises that… Read More »
When a DUI Arrest Happens Hours After the Alleged Driving
A DUI arrest does not always happen during a traffic stop or immediately after a crash. Police may arrive after the vehicle has been parked, locate the suspected driver somewhere else, or begin asking questions long after the driving has ended. By then, much of the evidence normally associated with a DUI investigation may… Read More »
What a Motion to Suppress Can Change in a Georgia DUI Case
A Georgia DUI case often begins long before an officer asks a driver to perform field sobriety exercises or submit to a chemical test. The initial traffic stop, roadside questioning, length of the detention, arrest, chemical testing, and any search warrant can each raise separate legal issues. A motion to suppress asks the court… Read More »
DUI in a Vehicle Using Autopilot or Advanced Driver Assistance
A car that steers, maintains speed, changes lanes, or follows a navigation route can make driving feel very different from sitting behind the wheel of a traditional vehicle. After drinking or taking an impairing drug, that technology can also create a dangerous misconception: if the vehicle is doing much of the work, the person… Read More »
Retrograde Extrapolation and Attempts to Calculate BAC Backward in Time
A blood or breath test taken after a DUI arrest measures alcohol concentration at the time of testing. Prosecutors sometimes want to go further and estimate what the driver’s blood alcohol concentration may have been earlier, including at the time the vehicle was being driven. That process is commonly called retrograde extrapolation. It can… Read More »
Chain of Custody Problems in a Georgia DUI Blood Test
A blood test result can look precise on a Georgia DUI report. The laboratory identifies a blood alcohol concentration or a particular drug, and prosecutors may present that number as objective scientific evidence. Before a laboratory can test anything, though, a vial of blood has to pass through multiple hands and locations. The sample… Read More »
Larceny vs. Theft in Georgia: What Charge Applies When Property Is Taken?
If someone is accused of taking another person’s property in Georgia, the charge will generally fall under one of the state’s theft statutes rather than a separate offense called larceny. Theft by taking is the charge most closely associated with the traditional idea of taking property, but its reach extends beyond a straightforward accusation… Read More »
A Domestic Violence Case Can Continue Even When the Accuser Does Not Want to Prosecute
A domestic violence case can look very different a few weeks after an arrest than it did on the night police were called. The people involved may have reconciled, separated, or simply had time to think about what happened. The person who first spoke with officers may tell prosecutors that they no longer want… Read More »
Georgia’s Rape-Shield Rules Can Shape What Evidence Reaches the Jury
A person accused of a sex crime may believe the jury needs to hear about an earlier sexual relationship with the person making the accusation. That history may seem essential to understanding the relationship, the events leading up to the alleged encounter, or a defense based on consent. Yet having information that appears important… Read More »
Smart-Home Devices Can Create an Unexpected Record of a Domestic Dispute
A domestic dispute usually happens quickly, inside a home, and with few independent witnesses. By the time police arrive, the people involved may give very different accounts of when someone entered the house, where an argument occurred, who left first, or how long the incident lasted. Connected devices inside the home may have been… Read More »