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Category: DUIs in the News

Holidays Bring Increased DUI Enforcement

Wednesday, 26 December, 2012 10:34
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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.

Chief Justices Important Too: What A New Supreme Court Term Means For You

Monday, 01 October, 2012 11:53
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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.

 

New Federal Transportation Money Brings Funds for Teen Driver Programs, Education, and Enforcement

Monday, 13 August, 2012 11:26
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The Federal Transportation Bill signed into law last month brings with it $46 million for state incentive grants to fortify distracted-driving programs over the next two years as well as $27 million for states that adopt safety standards like graduated licensing programs and prohibiting cell phone usage while driving.

Teen drivers in Atlanta would be the group most directly influenced by a change to our existing state graduated drivers’ license programs. Currently, in agreement with the standards set forth by the Insurance Institute for Highway Safety, teen drivers must be at least 15 years old to obtain their drivers’ permit.  As well, new drivers must log at least 40 hours of practice driving, 6 of which must be completed at night before they are eligible to take the written and field driving tests to obtain a Georgia drivers’ license.  Once they have their license, teens may not carry any passengers for the first six months, no more than one passenger under the age of 21 for the second six months, and no more than three passengers in the car at one time until the driver reaches 18.

While Georgia hasn’t made any official announcements about changes to the current cell phone and driving laws or teen driving laws, some safety group representatives are optimistic about the potential of the new Federal funds, “We know that new drivers have more crashes than more experienced ones,” says John Ulczycki, group vice president at the National Safety Council.

As a father who has defended clients charged with traffic violations in Atlanta for more than 30 years, I understand firsthand the long lasting effects teen driving violations like speeding, reckless driving, and under 21 DUI can have on a young person’s adult life.  Be sure to continue reading my blog and connect with me on Facebook, Twitter, and Google+ for the latest teen driving law updates.

Radar Speed Detection Reinstituted in Gwinnett as Traffic Fatalities Jump

Wednesday, 18 April, 2012 13:12
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Have you recently noticed more police out in Gwinnett County using radar guns to catch speeders? In January 2011, only one year after the state of Georgia instituted the super speeder law, the option for Gwinnett County police and many city police in Gwinnett to use laser and radar speed detection was revoked due to an unresolved conflict between the county and city governments.

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 6th, 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.

Stone Mountain Woman Indicted on Vehicular Homicide and DUI Charges

Monday, 20 February, 2012 12:54
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mrgaduiTwenty-two-year-old Chasity Nicole Jones was indicted by a Fulton County grand jury earlier this month on vehicular homicide and other charges in an incident that killed senior Atlanta police officer Gail Thomas on the evening of January 24th.  Thomas died on the scene as a result of the injuries she sustained when Jones’ car struck her on an I-75 entrance ramp as she exited her car to assist another officer with a previous accident.

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.

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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.