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In the midst of the holiday season filled with friends, family, food and parties, it’s easy to get caught up in the festivities. Since holiday parties typically involve drinking, Atlanta DUI defense attorney Mickey Roberts wants to remind everyone that law enforcement will be out in full force on the roads, stopping drivers for suspected DUI as part of Georgia’s Operation Zero Tolerance campaign.

Being charged with a DUI can be difficult since, without the proper representation, it can lead to an unfortunate outcome. As seen in previous blogs, the 4 simple rules can help drivers avoid incriminating themselves during field sobriety tests or verbal interrogations. Of course a qualified attorney can defend you if you are charged with any violations, but it is best to avoid the situation altogether, especially during the holidays.

Holidays Bring Increased DUI Enforcement in Metro Atlanta GA

According to the latest statistics published by the National Highway Traffic Safety Administration, 2,597 people were killed in traffic accidents in the U.S. during December 2010. 775 of those vehicular homicide cases involved alcohol-impaired drivers. If you insist on drinking, then set up other travel alternatives and be wise about consumption so you can be sober once you get ready to leave.  Drink in moderation and eat enough food since the consumption of food will delay the absorption of alcohol so the alcohol can be processed over a longer period of time. However, keep in mind that alcohol metabolism is a complex process that is dependent on many factors such as a person’s gender, body weight, and hydration.

Like many states, Georgia will offer free sober rides on New Year’s Eve sponsored by the Governor’s Office of Highway Safety. Other organizations, such as AAA will also offer designated driving services. With the heightened enforcement and zero tolerance, drivers should never take any chances. If you do not have a designated driver, be sure to take advantage of ride programs, use public transportation, or hire a cab to take you home safely.

Attorney Mickey Roberts has seen many drivers’ holidays take an unfortunate turn due to drunk driving or vehicular homicide charges. He urges all drivers to drive carefully and make wise decisions to avoid being arrested for DUI. If you have been arrested for DUI or other violations, contact Mr. GaDUI today. Also be sure to follow him on Facebook, Twitter, and Google+ for more traffic law updates and news.

With the upcoming holidays, law enforcement will be out in full force, stopping people for suspected DUI.  Just recently, a local news anchor, Amanda Davis of Fox 5 News, was arrested after a wrong-way crash and charged with driving under the influence, reckless driving, and failure to maintain lane.

what to do if pulled over by police for drinking and driving

When Davis was asked by the officer if she had been drinking, she said yes – not following rule number 1 of the 4 simple rules to remember when stopped by the police.  However, she did refuse a breathalyzer test and field sobriety test.   As you may have seen in previous blogs or on a MRGADUI koozie, I want to remind everyone of the 4 simple rules:

  1. Never admit to drinking or anything else. This does not mean deny drinking, it means do NOT admit or deny drinking or anything else. You do not have to provide any evidence that may incriminate you.
  2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary and can include an eye test, walking a straight line, standing on one leg, ABCs, and/or a portable breath test.
  3. Do not take any state tests after your arrest if you believe you might be over the legal limit of .08 limit.
  4. If you are under 21 and receive a traffic ticket, call me! Since many traffic violations in addition to DUI can result in license suspension for underage drivers, it’s best to contact me to see whether your license is subject to suspension.

 

* 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.

Contact me if you need DUI help or have questions about another traffic offense.  Don’t forget to connect with me on Facebook, Twitter, and Google+ for the latest information about traffic issues and driver’s rights.

Recent studies show that young drivers make up the highest percentage of drivers involved in motor vehicle crashes:  the leading cause of death for U.S. teens. According to a 2010 study by the National Highway Traffic Safety Administration, 187,000 drivers between the ages of 15 and 20 were injured in motor vehicle crashes and an additional 1,963 drivers were killed. Though, the most troubling fact is that most teenage car crashes are 100 percent preventable.

Because of driving inexperience and unsafe driving habits, teenage drivers are more prone to engage in reckless or distracted driving. Statistics show they are more likely to speed, neglect seatbelts, text, and even drink while driving. They are also unable to recognize dangerous situations or poor road conditions where these habits can contribute to serious injuries – or even death.

As a parent, it’s imperative to discuss safe driving behavior and stress these types of consequences. Here are a few topics you should be sure to discuss with your teen:

1. Cell phone use- Regardless of age or experience, cell phone use is always dangerous while driving. Talking on the phone and texting while driving are both extremely distracting for any driver because it interferes with keeping focus on the road. Teens should consider turning their cell phones off, or even storing it somewhere out of reach while they drive to avoid the temptation.

2. Limiting number of passengers- Like cell phones, friends can also be distracting for any teen driver. Statistics show that teen drivers are more likely to engage in risky driving habits with peers than when they’re alone. More passengers in a vehicle heighten the risk of distraction.

3. Seat belt use- This is something all drivers should do, not just teens. Seatbelts are the single most effective tool for saving lives and preventing injuries. Seat belts can make the difference between life and death.

4. Substance abuse- No substance abuse should be tolerated, especially for underage teens. Any amount of alcohol for an individual under 21 raises their risk of receiving a DUI in addition to jeopardizing lives. You should also discuss the risks of being a passenger in a vehicle with a driver who has been drinking or using other illegal substances.

5. Reviewing state driving laws- Discuss curfew times set by the state and the minimum number of practice hours required before getting a driver’s license. Ensure your teen fulfills all requirements and sets a foundation for safe driving. In addition to the state of Georgia’s driving laws, you should also discuss your expectations and restrictions of their driving privileges.

A parent will always worry about their teen hitting the roads for the first time, but educating them about safe habits, along with the consequences and rules of driving will help reduce the chances of an accident. Check out my website for more information on driving issues and DUI help and be sure to connect with me on Facebook and Twitter.

Although DUI is most commonly associated with driving under the influence of alcohol, it can also include driving under the influence of illegal drugs. According to a recent study published in the British Journal of Clinical Pharmacology, legal prescription drugs designed to treat depression, anxiety, and insomnia may also increase driving risk.

The authors of the study compared two groups of people: one group of 5,183 people who had been involved in motor vehicle accidents and one group of 31,093 people of comparable age and gender who had no record of being involved in accidents. Researchers found that study participants who had been involved in the car accidents were also more likely to be taking psychotropic drugs. Although driving under the influence of these legally prescribed drugs will not be included in the drug schedule until further research is conducted, people taking these types of drugs need to know the risks in order to increase driving safety. Researchers suggest that doctors should warn their patients about taking such medications before driving.

You may be reading this thinking you have nothing to worry about besides the potential for a fender bender, but even though you will not be charged for taking certain non-abusive prescription drugs that may increase driving risk, you could encounter other traffic issues including vehicular homicide or other issues like license suspension.

As a traffic attorney who is dedicated to defending driver’s rights, Mickey Roberts has seen the impact traffic violations can have on a person’s life. Even if you are not driving drunk, certain things can increase your driving risk whether or not they are illegal. If you have been charged with DUI or another traffic offense, contact MrGaDUI today. For more information about traffic issues and driver’s rights, visit his website and connect with him on Facebook, Twitter, and Google+.

The U.S. Supreme Court begins a new term on Monday, October 1st, 2012.  While most Americans are focused on the Presidential Election, we probably should pause and focus instead on some very important court cases the justices will hear this term.

Two cases involve the 4th Amendment prohibition against unreasonable search and seizure. In Florida v. Jardines, the issue is whether police violated the Constitution by using a drug dog to sniff for drugs outside a house where suspected marijuana was being grown. The Court must decide whether the sniff test was unreasonably intrusive because there was no hard evidence that illegal activity was occurring, or was it not a search because it occurred outside the house? (The Florida Court held that the search was illegal).

The 2nd case, Missouri v. McNeely, asks whether the police can forcibly draw someone’s blood, in a DUI stop, without first getting a search warrant from a judge. (The Missouri Court held that an officer should first get a search warrant, even though the State argued that by delaying the test, some possible evidence of blood alcohol level would be lost.)

You will recall that last term the Court came out with some major decisions, including the decision on health care. This term the Court will decide not only the above two cases, but may also issue decisions on affirmative action, same sex marriage, and the Voting Rights Act.

Chief Justice Roberts has said that the role of the US Supreme Court is similar to that of a referee. As we have seen recently with the NFL’s replacement refs, referees can have an important impact, whether we are talking about a football game, or about the type of country in which we live. It is important to at least keep an eye on the US Supremes and their decisions, even in a Presidential election year.

 


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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.