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Archive for March, 2011

In the news: Another breath machine with problems

Monday, 28 March, 2011 14:30

For some odd reason, many judges and most prosecutors I know here in Georgia believe that Georgia’s Intox 5000 machine is accurate and pretty much infallible. However, there is reason to believe that Georgia’s breath test machine may not be accurate. Well once again we are hearing of breath tests being thrown out because of miscalibrated machines. This from Philadelphia:

“A day after Philadelphia police announced that miscalibrated breathalyzers had compromised 1,147 drunken-driving cases, District Attorney Seth Williams  declared he would conduct a wholesale review of all DUI cases during the 15 months in question.

Philadelphia police file 8,000 to 10,000 drunken-driving cases each year, so the review announced Thursday by Williams’ office will involve a staggering amount of work that will take months to complete. 

Deputy District Attorney Edward McCann, chief of the Criminal Division, decided to launch the review, said Williams’ spokeswoman, Tasha Jamerson. Assistant District Attorney Lynn Nichols will lead a team of prosecutors and staff that will examine the cases from September 2009 to November 2010.

McCann is also implementing training on DUI cases for prosecutors that will emphasize recognizing potential problems with the Breathalyzer devices.

Finally, Jamerson said, the District Attorney’s Office will start doing its own calibration checks on Breathalyzers rather than depend solely on police certification.

The real bill will be some time in coming.

Besides the cost of reviewing thousands of DUI prosecutions and likely retrying some, the police and city could face civil lawsuits by people wrongly convicted – some of whom may have lost their driver’s license, their job, or their freedom.

Though police officials have a list of about 400 people affected by the miscalibrated machines, Jamerson said Williams had decided a full review was needed.

Though defense lawyers specializing in DUI cases said only two of the Police Department’s eight Breathalyzers had proved inaccurate, police said Wednesday that the total was four. Some court-system sources said that number was likely to increase.”

Georgia’s procedure for “calibrating” the Intox 5000 is a joke. The criteria calls for a State Trooper to come out and inspect Intox machines only once every 3 months; and even then most scientists agree that the protocol is not in any way scientific. Yet these machines are used daily to convict people of DUI. In Georgia, the State does not have to provide information relating to the internal source code of the computer which operates the machine; nor is the State under an obligation to provide full information regarding the testing of these machines; nor does the State maintain breath samples(even though the machine allows it) so that the Defendant could obtain an independent measurement of the breath sample.

  Until Georgia truly does independent calibrations daily (meaning not being calibrated by a police agency), with full scientific protocol, how can anyone not doubt the accuracy of such machines?

Directed Verdict of Not Guilty for Case of Month March 2011

Monday, 21 March, 2011 16:57

This month’s case shows how you can win a DUI case without going all the way to a jury.  My client, a Nebraska resident, was in Atlanta for a meeting.  He got turned around and was driving the wrong way on Spring Street. He was stopped by an Atlanta police officer and subsequently charged with DUI.  Even though he agreed to take the Field tests (a no no!), he refused to take the State Breath test.

We decided to fight the case with a jury in the State Court of Fulton County.  I had noticed the accusation, which is the charging document, alleged that my client was “driving under the influence of alcohol on Peachtree Street.”  It was also apparent that the State prosecutor had no idea that the accusation was drafted incorrectly.

In a criminal case the State must prove each and every element of the charging document.  Once a jury is empaneled , double jeopardy attaches and the Defendant cannot be tried again.  So in this case, I waited until the jury was empaneled,  let the State’s officer testify and even cross examined him about the facts of the case; my last 2 questions were: Was client X driving on Peachtree Street?  Was he ever driving on Peachtree Street to your knowledge?

Of course the answer was “no”.  I sat down, let the State rest, and then asked the court to dismiss the charges in what is legally called a directed verdict.  The Court agreed, dismissed the charges, and client was happy!

Was my client lucky? Maybe, although I thought we had a good chance to win even with a jury verdict. Did it help that he decided to spend the money on an experienced   DUI lawyer? Absolutely!

One Bad Decision Causes Harsh Consequences for Atlanta DUI Woman

Tuesday, 15 March, 2011 11:18

Linda Lisska McJunkin had it all, and in a split second it was gone.  A well-known high school and college athlete with two degrees from Georgia Tech, a loving family, and a brand new real estate license to top it all off, Linda made a single bad decision in October 2004 that affected every decision she’d made prior.  After consuming four drinks out celebrating with friends, Linda drove drunk into head-on traffic and took two lives. Pleading guilty on two counts of vehicular homicide in Atlanta, she was sentenced to serve 15 years in prison. Released recently on parole for good behavior, she’ll spend the remainder of the 10 years on parole and 5 years remaining on probation.

Last month, Linda spoke publicly, for the first time since she was released from state prison, to a group of GA Tech student-athletes.  In a word, Linda could be described as humbled. The AJC quoted her saying, “I don’t think there’s a part of me that isn’t different.”  With college diplomas and real estate license in one hand and felony charge in the other, Linda now works retail for hourly wages.

As an Atlanta DUI lawyer, I hear stories just like this one all too often. When you hear a story like this on the news, it’s natural to think the worst of the driver who drove drunk and killed people. It’s devastating.  In no way am I defending Linda or saying what she did was right.  The point I’m trying to make is that before that October night, Linda was a regular person.  Just like you.  Just like me. She had everything going for her.  After a night out with friends, her main concern (consider it selfish or human nature) was getting home because she had to work the following morning.  She didn’t think about what could happen in response to her DUI in Atlanta; she really didn’t think at all.

People make the same mistake Linda made daily; the only difference is that Linda didn’t get away with it like so many others do. Drunk drivers get behind the wheel thinking they’ll be fine, they’re just going right down the road, and it’s no big deal.  Just ask Linda, vehicular homicide is a huge deal, which means even driving “tipsy” is a big deal.  So next time you consider driving, even just the least bit impaired, think about Linda’s story.  Think about Linda’s daughter and the years of her life that Linda missed while she was in prison.  Think about the two families who lost their sons in the accident.  Just think.

For more information on me, Mickey Roberts or MR GA DUI, visit my website and keep reading the blog.

MR GA DUI Offers Free Limo Rides Home from Meehan’s 4th Annual Shamrock & Roll

Monday, 07 March, 2011 10:31

Don’t miss the 4th Annual Shamrock and Roll event at Meehan’s Public House in Sandy Springs this Saturday, March 12th from 2pm until 11pm.  Atlanta DUI lawyer, Mickey Roberts (MRGADUI) will promote responsible driving and DUI prevention by providing free rides home to event patrons within a 10 radius of Meehan’s.  Mickey Roberts will also be sponsoring charitable cornhole games as part of the event’s festivities. All of the proceeds raised by the $1 cornhole games will be donated to the St. Baldrick’s Foundation for childhood cancer research and awareness.

For more details about the St. Patrick’s event, visit the MRGADUI website or connect with Mickey on Facebook and Twitter.

Official Rules of Cornhole / Corn Toss

Sunday, 06 March, 2011 12:40

OFFICIAL RULES OF CORNHOLE / CORN TOSS
(Last Revision July 13, 2009)

PLAY OF THE GAME

Section A. Singles Or Doubles Play – Cornhole / Corn Toss can be played as doubles or singles.  In doubles play two contestants are partners against another team of two contestants; in singles play a contestant competes against another contestant.  In doubles play, one member of each team pitches from one cornhole platform and the other members pitch from the other cornhole platform. In singles play, both contestants pitch from the same cornhole platform. All other rules are basically the same for doubles or singles play.

Section B. Innings – Every Cornhole / Corn Toss match is broken down into innings of play. During each inning of play each contestant must pitch all four corn bags.

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The above information is intended to help educate members of the Georgia motoring public as to their rights under the law and to assist presumptively innocent citizens in properly asserting those rights. Information within this site should not be misconstrued as legal advice.