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Archive for June, 2011

mr gaduiBoating is a favorite pastime for many Georgians.  While I’m not a regular lake goer, many of my family’s friends frequently visit Atlanta’s Lake Lanier and middle Georgia’s Lake Oconee (among others) during the warm summer days of June, July and August.  It’s easy to get into the “lake state of mind” when on the water:  enjoying a few drinks while hanging out with friends, not eating a whole lot because you’re out on the water, etc.  All of this can be the recipe for a great weekend or a recipe for disaster if you’re not armed with the knowledge of how to avoid Boating Under the Influence (BUI) charges.

BUI, according to the Georgia Department of Natural Resources, is defined as “operating, navigating, steering, or driving any moving vessel while under the influence of alcohol to the extent that it is less safe for the person to operate, steer, etc. such a vehicle.”  Just as with a DUI (driving under the influence) charge, there are legal blood alcohol content (BAC) limits in Georgia

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The Georgia Supreme Court issued rulings in 2 cases today involving the issue of whether the manufacturer of Georgia’s breath machine can be subpoenaed to court.  The manufacturer, CMI, is based in Kentucky.  Defense lawyers have sought to subpoena the “source code” for the Intox 5000.  The source code is the software which runs the Intox.  Georgia prosecutors have always fought any request that the software be provided to see if the machine was working properly.

The only avenue for a defendant to obtain the software was to request that a subpoena issue asking CMI’s representative to appear in a Georgia court and bring the software with them.  In one case,

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I still like to think that a person who gets a DUI conviction, the first time, may have simply made a mistake. But as with all mistakes or failures, we need to learn from those mistakes so that we do not continue actions which have bad results, both for us and others.  As if you didn’t need any other evidence, here are 5 reasons you should not obtain a 2nd DUI conviction:

1. You lose your driver’s license for at least 12 months with no driving at all, not even a work permit!

2. After the first 12 months, you will  have to have an Interlock Device  installed in your car for 6 months, so that you can get a limited permit;

3. While the minimum jail time in Georgia is 72 hours, most Courts that I practice in are giving anywhere from 10 to 30 days in jail!

4. You will have to do a minimum of 30 days community service (that is 240 hours!)

5. Any tags on cars you own are taken, and you have your picture printed in the local newspaper.

The lesson is this: Courts and prosecutors look back at the number of DUI arrests you have had.  The more DUI arrests or convictions, the harsher the penalties.

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Disclaimer

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.