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Category: Criminal Law

Georgia Supreme Court: DUI Suspects Have the Right to Refuse Breath Tests

Georgia Supreme Court: DUI Suspects Have the Right to Refuse Breath Tests

The United States Constitution provides everyone in the country with certain rights. States have their own constitutions, which can provide people in those jurisdictions with additional—or broader—rights. That dynamic is why, on October 16, Georgia became somewhat of an exception in the realm of DUI law. Right Against Self-Incrimination The Fifth Amendment to the U.S. Constitution provides a right against forced self-incrimination. So does Paragraph XVI of the Georgia Constitution. In Olevik v. State, the Georgia Supreme proved that it interprets…

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California’s New “Open Container” Law Applies to Driving With Marijuana in the Car

California’s New “Open Container” Law Applies to Driving With Marijuana in the Car

California has had medical marijuana since 1996. And in November 2016, California voters approved Proposition 64, which legalized recreational marijuana use in the state. (Read the specifics of California’s marijuana laws.) The result was a patchwork of laws that—while achieving the primary purposes—left the public with safety concerns and law enforcement with questions about enforcement. In an effort to address the public safety and enforcement issues, the Legislature passed S.B. 94 (the “Medicinal and Adult-Use Cannabis Regulation and Safety Act”). Governor…

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California Stops Suspending Driver’s Licenses for Unpaid Traffic Tickets

California Stops Suspending Driver’s Licenses for Unpaid Traffic Tickets

In recent years, California has made efforts to alleviate the burden unpaid traffic citations place on low-income motorists. The first major step was the start of the traffic-ticket amnesty program in October 2015. The amnesty program allowed certain people with unpaid traffic or non-traffic infraction tickets to apply for fine reductions and license reinstatement. Over 200,000 Californians were able to take advantage of traffic amnesty. However, the program ended on April 3, 2017. But not to worry—Governor Jerry Brown recently signed…

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Another Court Rules in Favor of Freedom to Record the Police

Another Court Rules in Favor of Freedom to Record the Police

In a February 2016 decision, a federal judge broke from all the other courts in the country that had acknowledged a First Amendment right to record the police. The judge essentially held that people who don’t announce that they oppose what police officers are doing don’t have the right to observe and photograph those officers. (Here’s the opinion, and here’s our post on it.) In July of 2017, though, a panel from the U.S. Third Circuit Court of Appeals reversed that…

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Tiger Woods Arrested on DUI Charges

Tiger Woods Arrested on DUI Charges

On May 29, 2017, professional golfer Tiger Woods was arrested on suspicion of driving under the influence (DUI). Police arrested Woods in Jupiter, Florida, just miles from his Jupiter Island home. According to the arrest report, at about 2:00 a.m., police found Woods parked in his Mercedes on the side of the road, engine running. Woods was allegedly stopped in the right traffic lane, with the passenger side of his car partially blocking the bike lane. On the driver’s side of…

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