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+.

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+.

Although Georgia State Patrol could still use radar and laser detection to track drivers’ speed and Gwinnett police were able to catch speeders by pacing drivers, this revocation surely affected the number of speeding citations issued. According to an article in the Atlanta Journal Constitution, Gwinnett County police alone issued 29,000 speeding citations in 2010, and three-fourths of these citations were determined through the help of laser and radar gun detection.

In February 2012, the conflict was finally resolved and radar guns were returned to Gwinnett police. The police influenced by the dispute reported they operated just fine without the radars, but were definitely glad to have them back. They believe drivers are more likely to slow down if they know police are on the roads clocking their speed. With recent car accidents earlier this month resulting in three traffic fatalities over the span of five days in Gwinnett, you can probably expect to see even more police on the road.

On Friday, April 6^th, a box truck crashed into the rear of a Nissan Altima sending both vehicles into a pickup truck and a minivan on I-985 S under Buford Drive. The driver and passenger of the Nissan died on impact. The other individuals involved suffered minor injuries. Police determined speed and alcohol were not factors in this accident, but the box truck driver was charged with two counts of second degree vehicular homicide. Second degree vehicular homicide is a misdemeanor resulting in a maximum sentence of 12 months, but first degree vehicular homicide is a felony and can result in 3 to 15 years in prison and license suspension.

The other traffic fatality in Gwinnett occurred April 10th at the intersection of Lawrenceville-Suwanee Road and Sugarloaf Parkway when a driver turned left in front of another driver as the stop light turned from green to yellow. The driver who was struck on the right side of his vehicle died at the scene. This incident is still under investigation to determine right of way and if speed was a factor, but driving while under the influence of alcohol did not seem to be a factor.

A leading Atlanta DUI defense lawyer, Mickey Roberts has seen many lives take an unfortunate turn due to drunk driving and vehicular homicide charges. He urges driver’s to drive carefully. Whether you drive carefully to avoid a speeding ticket or to prevent harm to yourself and other drivers, it’s important to be cautious as one bad decision can result in harsh consequences. If you have been arrested for DUI or other traffic violations, contact MrGaDUI today. Be sure to visit his website to learn more about driver’s rights, and connect with him on Facebook, Twitter, and Google+ if you haven’t already.

Mickey shared about his continued tradition with the Atlanta Irish pub, “As an attorney who has specialized in DUI and other serious Georgia traffic offenses since 1980, I have seen what a fun celebration can turn into if the proper precautions aren’t taken.  Meehan’s goes to great lengths to ensure their patrons have a good experience, and I want to do my part to promote responsible drinking.”

The weekend before St. Patrick’s Day, on March 10^th at 12:00 pm, Meehan’s Sandy Springs will host St. Baldrick’s Shamrock n’ Roll head shaving event to raise funds for the childhood cancer care and research organization.  Mickey’s cornhole game will also be set up at this event for $1 per person, per game.    In addition to the free limo rides, Mickey’s cornhole games will be set up for Meehan’s patrons on the night of the 17^th.  Charging $1 per person, per game, Mickey will match the proceeds and donate all of them to the St. Baldrick’s Foundation for childhood cancer research and care.  Last year’s Shamrock n’ Roll event raised over $50,000 for the St. Baldrick’s Foundation.

To learn more about Meehan’s St. Patrick’s Day festivities like live music by Collective Soul’s Ed Roland and the free rides from MRGADUI, check out Meehan’s website. You can also connect with him on Twitter and Facebook for the latest in DUI law news and event updates.

Reported by Georgia Daily News, Jones was indicted on vehicular homicide, driving under the influence, possession of drugs, and other drug-related charges.  She is currently being held at the Fulton County Jail without bond.  According to reports by Channel 2 Action News, Jones was carrying three passengers: Stephen Pearson of Gwinnett County, Katherine Gilliam of Lawrenceville, and Fred Jones of Cobb County. All of the noted passengers have declined media comment.

Homicide by vehicle carries a maximum sentence of 15 years in prison and three years of driver’s license suspension without the possibility of a work permit.  Georgia vehicular homicide is defined as the unlawful killing of an individual with a motor vehicle.  The charge degrees associated with vehicular homicide include felony vehicular homicide, misdemeanor vehicular homicide, feticide, and serious injury by vehicle.  All of these classifications carry different implications, but all involve a driver’s actions as the proximate cause of death or cause of serious injury.

Practicing Georgia vehicular homicide defense since 1995, I’ve certainly seen the devastating effects it has not only on its victims and their families, but also the debilitating long-term implications for the person charged.  While a 15-year sentence may not seem proportional to the actions involved, it’s also worth noting that vehicular homicide charges are almost always accompanied by substance related charges like DUI and DWI that carry their own steep punishments.  Given the life-altering consequences of serious traffic-related offences like vehicular homicide, I strongly encourage prospective clients to do their research when selecting a criminal defense attorney.  It’s important to only select counsel with a successful record of case wins.

To learn more about the legal services I provide and for answers to your frequently asked questions about DUI, visit my website.  You can also connect with me on Facebook and Twitter for the latest in traffic law news.

Rep. Smith initially refused the field sobriety test (walk-and-turn or one-leg-stand test) and breath test when the officer requested and instead asked to be taken to a hospital for a state chemical blood or breath test, but then consented when the officer told him that they only did that if he were arrested for DUI.  According to reports, Smith then blew a .091 (over the legal limit of .08) on the officer’s breathalyzer test and was placed under arrest for DUI.

Two additional officers then arrived on the scene where Smith completed two more breath tests rendering results of .099 and .100 respectively. Kip Smith has been charged with three offenses:  two DUI charges and one charge for failure to obey a traffic control device.

The intention of this post is not to exploit the wrongdoings of a public figure, but to reiterate the importance of knowing your Georgia driver rights.  Smith initially followed my suggestions of “what to do if stopped for DUI” by refusing the field sobriety test and requesting a state chemical test; however, he did himself a disservice by eventually consenting.

As you can read, the results of different breathalyzer test equipment can vary significantly depending on the age of the machinery and even the experience of the officer administering the test.  While the other details of this case will certainly surface as Smith goes to trial, the event serves as an ideal opportunity to reiterate what you should do if you’re pulled over for DUI regardless if this is your first DUI or third DUI in Georgia:

1.)  Take your DUI seriously

2.)  Hire an experienced DUI attorney

3.)  Don’t delay your DUI hearing

4.)  Don’t rely on advice of friends

5.)  Don’t base the hiring of an attorney on money alone

Of these tips, the most important is hiring an experienced DUI attorney to handle your case if you find yourself in this situation.  Visit my website to learn more about my experience as an Atlanta DUI, Georgia vehicular homicide, and commercial driving offense attorney.  You can also connect with me on Facebook and Twitter for more tips on defending your driver’s rights.

Does a police dog’s sniff outside a house give officers the right to get a search warrant for illegal drugs, or is the sniff an unconstitutional search?

On the morning of Dec. 5, 2006, Miami-Dade police detectives and U.S. Drug Enforcement Administration agents set up surveillance outside a house south of the city after getting an anonymous tip that it might contain a marijuana grow operation. The cops brought Franky, a K-9 drug dog . The dog quickly detected the odor of pot at the base of the front door and sat down as he was trained to do.

That sniff was used to get a search warrant from a judge. The house was searched and its lone occupant, Joelis Jardines, was arrested for drug possession after trying to escape out the back door. Officers pulled 179 live marijuana plants from the house, with an estimated street value of more than $700,000.

The 4^th Amendment to the U.S. Constitution forbids government searches of persons and property without probable cause.

The U.S. Supreme Court has approved drug dog sniffs in several other major cases. Two of those involved dogs that detected drugs during routine traffic stops. In another, a dog found drugs in airport luggage. A fourth involved a drug-laden package in transit.

This Florida case is different because it involves a private residence. The high court has repeatedly emphasized that a home is entitled to greater privacy than cars on the road or a suitcase in an airport. In another major ruling, the justices decided in 2001 that police could not use thermal imaging technology to detect heat from marijuana grow operations from outside a home because the equipment could also detect lawful activity.

The court ruling from the case known as Kyllo v. United States states, ”We have said that the Fourth Amendment draws a firm line at the entrance to the house.” The justices added that the thermal devices could detect such intimate details as “at what hour each night the lady of the house takes her daily sauna and bath.”

It’s well-settled that law enforcement officials can walk up to a home and knock on the front door, in hopes that someone will open up and talk. But if a person inside refuses, the officers must get a search warrant — and for that they need some evidence of a crime.

Our forefathers were very sensitive to the rights of individual citizens and eliminating illegal searches of their homes and persons. After all, they had just won their freedom from British rulers who would summarily enter homes and search, without any judicial process involved.

In this case, I am not sure why the cops didn’t get a search warrant anyway, if in fact they had reliable information that drugs were in the house. That is exactly the point of the 4^th amendment; it doesn’t allow lazy cops to circumvent our Constitutional rights. Let’s hope the Supremes make the right decision. Otherwise, keep a watchful eye next time you see a strange dog sniffing around your house!

To read more from Georgia DUI Attorney Mickey Roberts or learn about the DUI defense and other traffic related defense services he offers visit his website.  You can comment on Mickey’s posts by connecting with him on Twitter and Facebook.

Researchers examining the phenomenon offer various explanations for this spike in female DUI statistics. One theory is that more women are drinking and then driving than in past years. Some researchers believe that the spike in women’s arrests is due to changes in the legal system including fewer male arrests and changes to the DUI law enforcement policy that bring more attention to women whose blood alcohol content levels are more affected by alcohol consumption.

The study indicated, women develop alcohol and substance abuse problems more quickly than men do. In a follow-up study completed in New Mexico over 5 years, researchers found that 85% of female arrestees could be diagnosed with alcohol abuse or dependence. Details also show that a large portion of female drunk drivers are older, unmarried, and are also more likely to be the main childcare provider at the time of arrest.

While the researchers of this report admit that more information is needed about the findings, the media has brought to light a slew of drunk driving fatalities in which mothers have driven under the influence with children in the car. Though these publicized cases are few and far between, this information is important for researchers, law enforcement, and DUI lawyers to track.

For individuals who may find themselves in a situation in which they’re being pulled over for suspected DUI, it’s important to follow my Four Simple Rules in order to give yourself the best chance in Georgia traffic court. Most importantly, it’s important not to submit to field sobriety tests because they are tests created without a benchmark for comparison (so even an unimpaired driver could fail).

For more information on what to do when pulled over for DUI in the metro Atlanta, GA area, check out my website. You can also follow MR GA DUI on Facebook and Twitter for the latest DUI and drivers’ rights news.

Belcher spoke with police officers, as well as Dr. Spurgeon Cole, a retired psychology professor from Clemson University, who has been studying field sobriety tests since the 1980s shortly after the tests were first instituted. Cole told the Channel 2 reporter that when these tests were designed, police incorrectly identified 47% of the drivers as intoxicated during trials. However, the policemen that spoke with Belcher believe they are accurate. Cole stated that the tests are designed to fail drivers because there are no benchmark scores for which to compare, insinuating that even people who are sober would have a difficult time completing the tests. He went on to say that police very rarely conclude that a driver is not impaired after a field sobriety test, which the interviewed police disputed saying they’ve often seen drivers pass the tests.

Whether or not the tests are designed to fail drivers, they are voluntary in the state of Georgia. Even if the officer maintains all of the driver’s rights during a stop, you do not have to take the test when asked. You can simply say no thank you. In fact, that’s exactly what Mickey Roberts and many other Georgia DUI lawyers suggest you do. Of his four simple rules if stopped by the police, this is the one he says does not have exceptions: you should not submit to these tests. There are, of course, more than just “four rules” if you’re stopped by the police for DUI, so please visit my website for additional rules and information for what to do if you are stopped and/or arrested for DUI.

If you have been arrested for DUI or other traffic issues, check out MR GA DUI’s website to learn about the cases Mickey Robert’s won and what he can do for you. For updates on traffic violations and DUI laws, find MR GA DUI on Facebook and Twitter.

The answer is: it depends.

Under Georgia’s Implied Consent law, once you are arrested for DUI, you must submit to the officer’s request for a test of your blood, breath, urine,  or other bodily substance.  If you don’t, you face having your license suspended for a year with no work or school permit available.  After you submit to the officer’s test(s), you are then entitled to independent tests of your blood, breath, urine or other bodily substance.

The suspension for a refusal is not automatic, however. The officer has to initiate a process known as an Administrative license suspension, by filling out a form and sending it to the Department of Driver’s Services. You have 10 business days from the date of arrest to request a hearing, otherwise your license is automatically suspended, and the only way to get it reinstated prior to a year is to win the DUI case.

If the officer appears at the Administrative hearing he or she will typically agree to withdraw any one year suspension in return for a guilty plea to the DUI, meaning that you may be able to get a limited permit(if this is your first DUI in 5 years). In the event the officer does NOT appear and you have not provided a chemical test, the State my have insufficient evidence of your blood alcohol level which could help you win your case.

So should you blow or not?

If you are over 21,this is your first DUI in 5 years, and you have not had enough alcohol to get above the legal limit of .08, then you should blow after arrest AND request an independent test of an “other bodily substance”. If the officer doesn’t reasonably accommodate you, their breath test results might not be admissible against you at trial. (I am not sure whether there is any “other bodily substance” that tests for alcohol)

If you are under 21 and pulled over for DUI, you should not blow because your legally permissible BAC level is only .02, which is not much alcohol.

If this is your 2nd DUI in 5 years, you might consider not taking any State chemical test as another conviction will result in a one year suspension with no limited permit anyway.

As you can see, the question of whether to take the State test after arrest is really not so simple. The best advice is to not drink enough alcohol based on your weight to get even close to the legal limit, whether it is .02 or .08.