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Category: Case of the Month

March’s Case of the Month: How an Underage DUI Became a Simple MIP

This month’s case shows the value of having an experienced DUI attorney who has a reputation for aggressively defending cases.  In an Athens-Clarke County case, my UGA student client was in a Pre Trial Diversion for a previous Minor in Possession (MIP) of Alcohol charge when he was arrested by Athens police and charged with DUI.

case of the monthSo now, he had a DUI charge and the old MIP charge pending in Athens. Unsurprisingly, the police report had my client as being intoxicated, but after reviewing the video, I thought otherwise of the evidence.

The cop had stopped my client for a broken taillight, yet the cop was approaching my client, and it would have been extremely difficult for the cop to actually see a broken taillight. The video revealed my client’s physical appearance to be normal. My client denied drinking and refused a breath test after arrest. Any clues on the Field Sobriety Evaluations were minimal.

Nonetheless, because the client was under 21 at the time of the arrest, any evidence of him having consumed alcohol could have resulted in a guilty verdict. We employed the use of an expert in Field Evaluations who agreed with me that the evidence was slim and was known and respected by the prosecutor. Eventually, we negotiated a plea to 2 MIPs, allowing my client to continue driving and to not have a DUI conviction on his record.

One more thing: We structured the plea so that the MIP pleas would not result in a suspension of client’s license. (He could have had a 1 year suspension!)  It is important that a traffic lawyer knows how to structure pleas for the best possible outcome, and this means the lawyer must have a thorough knowledge of Georgia Traffic Laws.

If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

Can Your DUI Be Reduced to Reckless Driving? February’s Case of the Month

Don’t settle for DUI. In some cases, such as this month’s featured DUI case, a DUI can be reduced to reckless driving. My client was stopped in the city of Duluth, Georgia. She was coming home from work late at night, and the officer stopped her for speeding. In the video of the case, the officer said my client smelled like alcohol, her eyes were bloodshot, and her speech was slurred; he administered the Horizontal Gaze Nystagmus HGN and found the maximum number of clues. After her arrest, my client refused to take any State breath test.

zero tolerance georgia

Although her prior DUIs were several years ago, this arrest marked my client’s third lifetime DUI. The video revealed my client’s speech and walk were normal. She was argumentative with the officer, but I argued that was because she felt she was being wrongfully arrested. The officer’s evaluation of the HGN was absolutely inconsistent with her physical appearance, and I argued that therefore the HGN should be totally discounted.

Because of those arguments, as well as my long standing professional relationship with the Duluth Court, the charges were reduced to a lesser offense; my client was able to keep her license and walk out of Duluth Court, with no probation.

The fact is that in today’s DUI World, a lawyer’s experience, reputation, and relationships are important. When someone is looking to hire a DUI lawyer, the questions must be asked: How much experience do you have in DUI defense? Do you have good reputation in the legal community? What is your relationship with the police, prosecutors, and court?
If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.  

Case of the Month: When Parking the Car is the Best Option

Even efforts to make good decisions can go awry when you do not hire the right DUI lawyer. However, in November’s case of the month, because my client went the correct route in getting out of her DUI case, a good outcome was possible in a not-so-good situation.

My client had been drinking when she found herself in a situation where she needed to leave for her safety. After she started driving, she realized that she might have had too much to drink to drive safely. After pulling into a subdivision and parking on a side street, she turned off the car, took the keys out of the ignition, moved over to the passenger side, and drifted off to sleep. Almost 2 hours later, a resident called the police, who came to the scene to investigate. After waking my client up, the officer arrested her for DUI.

One of the key elements in prosecuting a DUI is that the State must prove that you were in control of a moving vehicle and were impaired to drive.  It is possible to be convicted of DUI, EVEN if the officer does not see you driving. You can be convicted by “circumstantial” evidence. For instance, if you are in a parked car with the engine running, you admit that you had parked the car recently, or if you are involved in an accident and admit that you were driving.

The key elements to not being found guilty of DUI–even though you tried to do the right thing by parking your car–are as follows:
  1. Turn the engine off, take the keys out of the ignition, and move to the back seat.
  2. If approached by the police, do not answer any questions relating to when your driving ended, how much you had to drink, etc.
  3. Do NOT submit to any field evaluations.
  4. Do NOT take any breath test at the scene.
  5. If you think you would register above the legal limit, DON’T take any state test.
 

In this particular case, I was able to find a compassionate prosecutor who agreed to dismiss the DUI charge. One would think that if a person was trying to do the right thing by getting off the road, the State would give you a break. However, this rarely happens in the DUI world. Therefore, you need to exercise your Constitutional rights and protect yourself as much as you can.

For more DUI arrest advice you can connect with me on FacebookTwitter and Google+.  Keep reading the MRGADUI blog for the latest traffic law news.

The Importance of Doing “Nothing”

My last two DUI case wins show the importance of doing “nothing.”  While there are many self-help books and articles going around that emphasize the importance of being able to do nothing when alleviating stressful situations, the same advice should be applied when you are stopped for DUI.

dui-in-georgiaThe important thing to understand is that during any police stop, the officer, in asking you questions and asking you to perform certain “field sobriety evaluations,” is in reality attempting to gather evidence which he can use against you at trial. Therefore, even a seemingly harmless admission of drinking can be used against you.

In one of my DUI cases this month, my client ran through a stop sign obscured by a tree limb; she actually had only consumed one glass of wine.  She never admitted drinking anything, never took the field tests, and refused to take a State chemical test. As a result, the DUI was dismissed.

In another case, my client was stopped for failure to wear a seat belt; he did admit to having a couple of beers at the Braves game.  However, he did NOT do any field tests, nor did he take the State chemical tests. As a result, his DUI was also dismissed.

In another case I had a client stopped who admitted drinking a couple of beers. She agreed to submit to field tests; however, the video showed the field tests were administered incorrectly by the officer.  My client, however, then agreed to take a State breath test at the jail and registered a .13 (above the legal limit of .08). Had she refused to take the State breath test, the DUI charges more than likely would have been reduced to reckless driving charges.

It seems to go against human nature to do “nothing.” Not only in DUI stops, but in most areas of our lives we feel the need to do something.  My advice is to cultivate the habit of doing nothing. It just might help if you find yourself charged with a DUI.

For more DUI arrest advice you can connect with me on Facebook, Twitter and Google+.  Keep reading the MRGADUI blog for the latest traffic law news.

How Motions Can Win a DUI Case

There are many ways of winning a DUI case, and one way is to fight the case with “motions”. Motions are pleadings filed with the court asking it to throw out the case entirely or limit evidence that the State can use against the defendant.

The most common motion I use is called a Motion to Suppress.  This motion serves 3 purposes. First, it could possibly win the entire case, such as when the court rules the stop illegal. Second, it allows me to cross examine the cop to see if he/she can actually articulate why the defendant was arrested for DUI, whether they followed their training, and so forth. This is especially important in cases where there is no video of the arrest. I can cross examine the officer and many times show the State that the officer did not follow basic operating procedures for a DUI arrest, or doesn’t make a good witness.  Finally, sometimes the officer fails to appear for the hearing and the case gets thrown out.

One of my most recent cases shows the importance of motions: my client was stopped for weaving, supposedly failed all of the field sobriety tests, and registered a BAC (blood alcohol content) of .08 on the breath test. At the motions hearing, the officer was unable to remember or articulate my client’s physical appearance, could not articulate how he administered the field tests, and most importantly, NEVER testified that he read the implied consent warning (the warning needed as a prerequisite BEFORE admission of any State breath test). As a result the .08 was excluded from evidence. After the hearing, the State approached me and offered a dismissal of the DUI in return for a plea to reckless driving. My client readily accepted the reduced charge, and the case was over without the further expense of a jury trial for my client.

Motions are an important tool in aggressively defending DUIs, and any good DUI attorney should use motions on most DUI cases.  To learn more about the DUI defense and other traffic related services I offer visit my website and continue to read by blog.  Connect with me on Facebook and Twitter for access to the latest traffic offense news and updates.

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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.