Category Archives: DUI Laws

DUI is an “Opinion” Crime

Of all of the various crimes one can commit, DUI is the only opinion crime. What do I mean by opinion crime? Because a police officer must form an opinion that based on certain facts or observations, a person’s driving ability is impaired due to alcohol or drugs. As we all know, opinions are like belly buttons…. everyone has one! A police officer can certainly form an opinion that someone is DUI, and then arrest that person, but that does NOT mean the officer’s opinion is a correct one.

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How does DUI affect commercial drivers license

If you have a commercial drivers license, you should NEVER drink then drive. Why not?  Because of the severe consequences a DUI conviction has on your ability to drive a commercial vehicle.

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5 Things to Avoid During a Traffic Stop

Everyone usually gets nervous when they are stopped by the police, EVEN when they haven’t been drinking. However, because police today are FOCUSED on detecting drunk drivers, there are certain things you should avoid doing, if stopped by the police after having consumed alcohol:

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Stopped by the Police? Just Say NO!

At least once in your life you will probably be stopped by a police officer. If you have had any amount of alcohol, then being stopped for even a minor traffic infraction becomes very serious.  What to do?  Just remember the Nancy Reagan statement, “Just say no.”

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Can a DUI Arrest in GA be “Expunged”?

I get several phone calls each month asking me if I can get a person’s DUI arrest expunged. Do a google check on expungment and you will find lots of sites appearing to know what they are talking about…. but they don’t! First, what is an expungement? The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges. 2. Can a DUI be expunged in Georgia? Currently there is no way of deleting a DUI from the arrest records. Why? Because in Georgia there are only 2 ways of getting an arrest deleted. They are: 1. You were not the person shown as being arrested. 2. The charges were dismissed before an accusation was brought against you, or you enter into a pretrial agreement where the prosecutor agreed to expunge the arrest record. Since a citation acts as an “accusation”, you are “charged” immediately at the scene of a DUI arrest, and therefore you do not fit into category number 2. Don’t be misled by web sites telling you that DUI expungments are easy in Georgia.  Call me to get the straight answer! (This blog was orginally posted at defendingdriversrights.com)

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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.
DUI Laws (10)