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Archive for September, 2011

Now that summer’s over, more holiday festivities are approaching which means more food, more fun, and a lot more alcohol. The best option when it comes to drinking is to designate a sober driver to make sure that everyone gets home safely. Because police know that this advice isn’t always followed around the holiday season, there are typically more DUI checkpoints along the roads.

Sobriety checkpoints are temporary roadblocks set up late at night, early in the mornings, on weekends, or on holidays when police expect people will be drinking. At a sobriety checkpoint, police may stop every car or just a few based on a pre-determined pattern to determine if the driver is impaired. Usually police ask a stopped driver to perform field sobriety tests to ensure he or she hasn’t been drinking.  These tests may include the horizontal gaze, walk-and-turn, and one-leg stand tests; the same tests used if you were to be pulled over under the suspicion of DUI.

If a driver fails the field sobriety test, he or she will be asked

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This month’s case is an example of how sometimes our criminal justice system can work.  My client, who takes prescription drugs for anxiety and depression, was arrested for DUI prescription drugs.  He was found by a passing motorist, slumped over at the wheel of his car on the side of the road. The engine was off. No one had witnessed him driving the car.

When the police arrived on the scene and were able to wake him, he admitted that he was driving home, had an anxiety attack and took a prescription drug.  He decided to pull over when he began to feel the affects of the drug and call his family for help; he subsequently passed out.

In Georgia, a person commits a DUI when

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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.