Case of the Week

Because Appellate Court decisions are so critical to legal defenses in DUI/DWI arrests, Mr. Head has decided to feature a "Case of the Week" for the web site, so that the reader can learn more about traffic stops, evidence in DUI/DWI cases and errors made at trial that can help win cases. Some reported cases do not deal directly with DUI/DWI, but relate to some critical issues, such as search and seizure questions.

Each week, we will add a new case and ARCHIVE the previous week's case, so that these can be reviewed for up to one full year after being featured. In any event, the reader should understand that a decision in ONE jurisdiction may be either more or less favorably decided in YOUR jurisdiction. Always consult competent DUI/DWI defense counsel before assuming that you have little chance of success at trial.

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Immigrant Seeking To Become Attorney Discovers "Nolo" Plea to Drug Charge Haunts Her 15 Years Later
 
In DUI-DWI cases, a person's failure to understand potential non-judicial consequences of a guilty or nolo contendere plea (the law calls these "collateral consequences") will generally NOT be grounds to set aside an ill advised plea.  However, the Georgia Supreme Court found that where the immigrant specifically ASKED her legal counsel about the consequences, and was misinformed, this amounted to a constitutional violation for "ineffectice assistance of counsel".  Hence, the ill-advised "no contect" plea to a very questionable "drug" charge was ordered "vacated" (removed from her criminal record).

CLICK HERE to read more on this case.