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Governor Deal Signs Law to Lower the Legal Limit for Boating and Drinking in Georgia

Friday, 03 May, 2013 15:52

There’s no denying we are getting closer to summer, and what better way to beat the heat than by escaping to the lake to enjoy a day on the boat with family and friends?  With an influx of people heading to the lake, it’s important to be aware of the big changes coming for blood alcohol content limit for BUI arrests.mr ga dui

We recently shared the news that Governor Nathan Deal and state legislators had proposed a new boater safety law SB 136, a bill that would lower the legal blood alcohol content  (BAC) for operating a boat from .10 to .08, which is the same BAC limit required for anyone driving a car that’s of legal drinking age.  The bill was officially signed last month and will go into effect on May 15.  Part of the legislature, the Jake and Griffin Prince BUI Law, was named in honor of two brothers tragically killed last summer at Lake Lanier in an accident involving an intoxicated boat driver.  With the new law comes harsher penalties for anyone caught operating a boat while intoxicated beyond the legal limit because it is just as dangerous to drive a boat under the influence as it is driving a car.

According to the Georgia Department of Natural Resources, there were 180 recorded boating under the influence (BUI) cases in Georgia last year.  Anyone who is arrested for BUI faces potential loss of privileges to drive a boat, misdemeanor charges, fines up to $1,000 and/or up to one year of jail time.  While enjoying alcohol while boating is not illegal, boating under the influence and endangering those around us is.  Drinking impairs your judgment and delays reaction time, putting yourself and others in danger.  The new law encourages extra safety on the water to avoid injuries and accidents because of poor decisions made from alcohol consumption.

Gwinnett traffic and DUI attorney Mickey Roberts represents clients with traffic, DUI and BUI offenses with over 30 years of practice experience.  To inquire about legal representation for BUI or other offenses, contact Mr. GaDUI today.  Also be sure to connect with him on Facebook, Twitter and Google+.

Part 1: Seminar Leads DUI Attorney to Question Science behind State DUI Evidence

Tuesday, 16 April, 2013 09:33

In late March, I attended the 20th Annual Mastering Scientific Evidence (MSE) seminar in New Orleans. Topics included field sobriety tests, breath tests and blood tests, among others. Speakers included lawyers, professors, and scientists. Cases dealing with DUI arrests, perhaps more than any other criminal cases, use “scientific” evidence to convict those accused of driving impaired due to alcohol or drugs.

Georgia courts have determined that some evidence used in DUI cases has reached a “verifiable stage of certainty in the scientific community,” and therefore should perhaps be given more weight and credibility than other evidence. The danger in making such assumptions is that IF the so-called scientific evidence is based on shoddy or incorrect scientific methods then any such evidence used to convict someone of a crime in effect violates the Due Process clause of the US Constitution.Police Officer - Eye Coordination

Let’s first define science.   According to Webster’s New Collegiate Dictionary, the definition of science is “knowledge attained through study or practice,” or “knowledge covering general truths of the operation of general laws especially as obtained and tested through scientific method [and] concerned with the physical world.”

What does that really mean? Science refers to a system of acquiring knowledge. This system uses observation and experimentation to describe and explain natural phenomena. The term science also refers to the organized body of knowledge people have gained using that system. Less formally, the word science often describes any systematic field of study or the knowledge gained from it.  For DUI arrest cases, the science portion refers to the methodology and results derived from field sobriety tests and state chemical tests.

Most scientific investigations use some form of the scientific method, a logical and rational order of steps by which scientists come to conclusions about the world around them. The scientific method helps to organize thoughts and procedures so that scientists can be confident in the answers they find. Scientists use observations, hypotheses, and deductions to make these conclusions.  If any of the scientific method is incorrect or does not meet certain standards set by the scientific community, then the conclusion could be incorrect.

After attending this seminar, it is readily apparent that some of the “science” used by the State in DUI cases is suspect. Even the early controlled studies in the 1970s of field sobriety evaluations were skewed scientifically!

In the next few posts, I hope to point out the flaws in this “evidence”. Connect with me on social media through my MRGADUI Facebook, Twitter, and Google + pages for the latest DUI and criminal attorney news.  Stay tuned, you may be shocked!

Georgia to Lower the Legal Limit for Boating and Drinking

Tuesday, 26 March, 2013 16:01

As the warmer seasons arrive, popular spots like the lake and beach fill up with families, swimmers, and boaters. With recent stories of boating accidents occurring on the lake, Georgia state legislators have discussed the existing blood alcohol limits for boaters. Currently, Georgia’s blood alcohol content (BAC) limit for boat drivers is 0.10, up 0.02 from the standard in place for driving a motor vehicle under the influence. Governor Nathan Deal and other state legislators have been pushing to lower the limit to 0.08 to match the driving law stating, “If you are too drunk to drive an automobile, you are too drunk to drive a boat.” Of course .08 is just a legal limit imposed; no studies show that a person is “drunk” at that level.mr gadui

Gwinnett traffic and DUI attorney Mickey Roberts has represented clients for traffic and DUI offenses on the road and on the water. Even though 0.02 is not a drastic change, it should remind boaters to think again. Boat accidents are just as dangerous as car accidents, and Mickey encourages boaters to understand the laws of operating a boat on a lake or river in Georgia. While we are all familiar with the fines and penalties related to a DUI conviction, a BUI (boating under the influence) conviction has the same consequences whether you are operating a small boat or a yacht.

If you are suspected of boating while intoxicated, you will be pulled over by police that patrol Georgia’s lakes and rivers. The protocol remains the same as if you were suspected of driving a car under the influence with being asked to perform field sobriety tests and/or submit to a breathalyzer test. Consequences for a BUI conviction will still include fees and possible jail time, and the ability to operate a boat is suspended. As Mickey often reminds his clients, it is important to remember the 4 simple rules when stopped by police to avoid incriminating yourself and to understand your rights as a driver.

The state House of Representatives has passed Governor Deal’s proposal, however, it is still under review from the Senate. Be sure to stay up-to-date with our blog for more traffic law news. To inquire about legal representation for DUI or other traffic offenses, contact Mr. GaDUI today. Also, connect with him on Facebook, Twitter, and Google+.

View MR GA DUI YouTube Channel for Helpful Traffic & DUI Information

Monday, 25 February, 2013 19:21

Atlanta DUI and traffic defense attorney, Mickey G. Roberts has been representing clients for more than 30 years. Although he frequently provides counsel for DUI cases, he also represents those charged with other traffic offenses including reckless driving, vehicular homicide and possession of illegal drugs.youtube

As laws can often be hard to understand, Mickey is dedicated to providing his clients with clear, concise information.  Through his MR GA DUI  website and frequent presence at local events, he shares with others his knowledge about Georgia’s laws and drivers’ rights.

Mickey Roberts’ YouTube channel features short videos answering your frequently asked traffic and DUI questions.  Video topics include “what to do if stopped by the police” and “what are the standard field sobriety tests?”.  During his short, 2 minute videos, he’ll briefly explain and discuss these hot topics. Be sure to check back often as Mickey adds educational driver information.

Continue reading MR GA DUI’s blog for the latest news about Georgia traffic laws. You can also connect with him on Facebook, Twitter and Google+ for information on driving issues.   You can also submit questions you’d like to have Mickey answer in one of his educational videos by contacting one of his social media profiles.

Crackdown on Gwinnett County Texting and Driving

Monday, 11 February, 2013 13:20

We’ve all heard and seen the horrifying public service announcements about the dangers of distracted driving , especially texting and driving.  While the results of not paying attention while driving can be very apparent, officers say that actually enforcing texting while driving laws is difficult.  For this reason, Gwinnett county police officers conducted a two-day undercover operation in December to catch offenders and write tickets for texting and driving.

ticketed for texting and driving in georgia

During the operation, three Gwinnett county police officers were positioned in unmarked SUVs along Pleasant Hill Road.  Upon seeing someone they thought was texting while driving, they signaled to other officers down the road to pull the car over.  During the crackdown, officers wrote 17 citations during one, 11 hour span.  Gwinnett Police Cpl. Jake Smith said in article from The Gwinnett Daily Post that these results were “pretty telling” of the problem’s prevalence. Smith said that similar operations will not happen regularly because of the man power required; however, drivers should be aware it will happen intermittently in the future.

As a Gwinnett traffic attorney with over 18 years of specialized experience representing clients for traffic offenses ranging from speeding to vehicular homicide, Mickey Roberts (MRGADUI) understands that fighting a traffic ticket can be a complex matter.  Mickey shares, “what a lot of folks don’t realize about the new texting and driving law is that you don’t need to physically be texting for police to pull you over.  According to SB360, any individual who is caught manipulating their cell phone and transferring data by texting, checking email, etc. can be cited.”

Currently, anyone who receives a texting citation also receives a $150 fine and a point on their driver’s license.  The relatively new law is still rather gray, as Corporal Smith stated in the aforementioned article about what is and isn’t allowed of driving cell users, “If you’re mounting it to the dash, or looking at it from time to time, that’s fine,” Smith said. “But you can’t be fooling with it.”

To learn more about the latest cell phone laws, visit the MRGADUI blog.  To inquire about legal representation for traffic offenses, contact Mickey G. Roberts.  You can also connect with Mickey 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.