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Archive for May, 2012

4 Simple Rules Explained: Rule 4

Friday, 25 May, 2012 09:53

Rule 4:  Hire a traffic attorney if you’re under the age of 21 and get any tickets.

Why should I hire an attorney for a traffic offense if under 21?

When you are under the age of 21, there are certain types of traffic offenses which will result in automatic license suspension.  Rather than simply paying the ticket (meaning you are admitting guilt)and later learning that your license is suspended, consult a traffic attorney experienced in dealing with teenage driver infractions so that you’re fully aware of the possible plea consequences.

There are several ways in which the license of a teenage driver can be suspended:

  1. Any offense carrying 4 or more points; (this includes speeding 24 miles over the speed limit, passing a school bus, passing on a hill or curve, reckless driving, or aggressive driving)
  2. Hit and run or leaving the scene of accident
  3. Racing
  4. Fleeing and eluding a police officer
  5. Purchasing alcohol
  6. Using a fake ID to purchase alcohol
  7. Arrested for DUI
  8. Illegal drug possession

There ARE ways of keeping your license from being suspended if you are charged with any of the above offenses, but you need the advice of a qualified traffic lawyer to help you!  Practicing law for 32 years, I have handled 1000s of such cases.   Unless your driving record is horrific, I can normally get something worked out on your case to keep your license.

While I am able to go back and reopen your case AFTER conviction many times, it is far easier to hire me to represent for these charges BEFORE you go to court.

To schedule a consultation with me, contact my office.  You can also join me on Facebook, Google +, and Twitter for the latest teenage driver defense news.

New Law Increases Fees for DUI and Other Alcoholic Offenses

Monday, 21 May, 2012 14:52

If there were no reasons for fighting a DUI conviction before, there is now. As part of a new overhaul of the criminal code in Georgia, effective July 1, 2012, the “penalties” added onto fines will equal 50% of the fine. This means that if you plead guilty to a DUI and are assessed a fine of $1000, you will still owe an additional “fee” of $500. This is in addition to other fees that go to the Peace Officers Retirement Fund and the Probate Judges Retirement Fund.

The new penalties will go to fund what will be known as the “County Drug Abuse and Treatment Program.” The penalties do not just apply to DUIs. Now a 50% penalty will be applied on possession of alcohol by a minor, serious injury by vehicle, and fleeing and eluding, as well as all drug possession convictions.

In essence, the total amount due for fines and fees now on a DUI, minor in possession, etc. could be as high as 100% of any fine amount! Although the best way to avoid such fees is not getting arrested for DUI or drug possession, etc., you can hire a qualified DUI defense lawyer to aggressively fight and win your DUI case if you are faced with such fees. The days of hiring a cheap “plea dog” lawyer are over.

Full Disclosure? Not for Georgia Breath Tests

Friday, 11 May, 2012 10:57

Many of our government officials love the term “full disclosure” these days. Another word they like to use is “transparency”. Yet, the Georgia  Supreme Court doesn’t believe in transparency or full disclosure when it comes to breath tests. Take the recent case of Padidham v. State, decided May 7, 2012.

Let me set the scene. In Georgia, when you are arrested for DUI, the officer reads you the Implied Consent Warning (ICW), where he basically informs you that “Georgia law requires you to submit to a test of blood, breath, urine or other bodily substance to determine if you are under the influence of alcohol, but you can refuse to take such test(s). The refusal can be used against you in court, and that if you do take the test(s), you are entitled to additional independent tests of your choosing.”

Logic would tell us that it would help to know the results of the “State” test BEFORE deciding whether to get an independent test or not. For instance, if the State breath test showed a blood alcohol content of .08, .09, or something close to the limit, you might want to ask for a blood test or another type of test.

It would be very easy for the police to let you know your results immediately after submitting to a breath test as the machine prints out copies of the results immediately after you blow into the machine. However in Padidham, our Georgia Supreme Court holds that ALL an officer needs to do is inform you of your right to an independent test. The police do NOT need to tell you your actual test results. Once again this brings to mind the saying, “good enough for government work.”

To learn more about DUI and traffic violation defense, read our blog and connect with us on Facebook, Twitter, and Google+.

Why You Should Not Trust Georgia’s Breath Test Machine

Tuesday, 01 May, 2012 13:47

When a person is arrested for DUI in Georgia, suspected of being under the influence of alcohol, most of the time the police will request that the person go to the jail or police station and submit to a “State chemical test of your breath.” It is this “breath test” that is used to convict that person of DUI, simply for having blood alcohol content (BAC) of over .08 grams.

Georgia uses a breath test machine manufactured by CMI, a company out of Kentucky. The machine contains many parts, and operates through an Infrared device used to take a breath sample from a suspect and convert it into an amount of alcohol in the person’s blood. The machine is a computer and operates by using a “source code” as all computers operate. There are many reasons why we should not trust the accuracy of Georgia’s breath machine. Here a just a few:

1. The machine is only inspected by a State employee once every 3 months; it is not inspected before and after every individual test. Therefore, even if the machine is deemed to be working properly, it can only be argued correctly that it was working that day, with only the inspector present.

2. During the “inspection”, the tester never actually opens up the machine to check to see if the electronic components are working properly.

3. The inspector does run a known alcohol solution through the machine. If the machine prints out a reading that is close to the actual alcohol amount, the machine is deemed to be working that day.

4. The alcohol control solution is in no way similar to an actual human sample. It does not take into account how a person with asthma, allergies, braces, gastric reflux, bridgework, or a fever would blow.

5. The inspector runs two test samples, if the two test results are within 25% of each other the machine is deemed to be working properly!

 
There are many other reasons why you should not trust the breath test machine, but if you just consider the way Georgia inspects these machines to “verify” that they are working properly, ask yourself the following:

a. Would you allow your CPA to prepare a federal tax return with a 25% potential disparity?

b. Would you pay a lasik surgeon to fix your vision, and accept as “good enough for medical purposes” a CORRECTION that was OFF by these + and – ranges?

c. Would you book a flight on an airline with these variable percentages on their altimeters (the device that estimates the distance between the ground and the wheels at “touch down” on the runway)?

 
While these scenarios may seem far-fetched, they demonstrate the importance of only seeking the advice of an experienced Georgia DUI attorney if charged with DUI. To learn more about DUI and traffic violation defense, read our blog and connect with us on Facebook, Twitter, and Google+.

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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.