Call Us 770-923-4948

Category: DUIs in the News

Stay Safe and Designate Your Driver on New Year’s Eve

The holiday season always brings increased law enforcement on the roads. With many people traveling out of town or attending parties and gatherings that typically involve drinking, Atlanta DUI attorney Mickey Roberts reminds everyone to plan a safe New Year’s Eve and to keep Georgia’s Operation Zero Tolerance campaign in mind to avoid a DUI. Operation Zero Tolerance organizes concentrated patrols and sobriety checkpoints to target drunk drivers.

zero tolerance georgiaAccording to the Georgia Governor’s Office of Highway Safety, there were 1,119 alcohol-related crashes between Thanksgiving and New Year’s Day last year, resulting in 679 injuries and 20 fatalities. Georgia State Patrol will be out full force on the roads with the possibility of checkpoints at busy spots or roads where accidents commonly occur.

As seen in previous traffic DUI blogs, Mickey’s 4 simple rules can help drivers avoid incriminating themselves during field sobriety tests or verbal interrogations at these checkpoints or if they are pulled over. While Operation Zero Tolerance occurs throughout the year, the Governor’s Office of Highway Safety uses this holiday season to remind drivers how dangerous impaired driving can be. It is vital to choose an experienced and qualified attorney with a solid track record who can defend you if you are charged with any traffic violations.

If you insist on drinking, it is imperative to plan your travel alternatives and be wise about alcohol consumption.  Before drinking, designate a sober driver and leave your keys at home or with your driver. If you do not have a designated driver, be sure to take advantage of ride programs, use public transportation, or hire a cab. Like many states, Georgia offers free resources to help people find safe rides on New Year’s Eve sponsored by the Governor’s Office of Highway Safety. Other organizations, such as AAA also offers their Tow to Go program where anyone, AAA member or not, can receive a ride within a 10-mile radius that brings both the driver and his/her vehicle home safely.

Attorney Mickey Roberts urges all drivers to drive carefully and make wise decisions especially during the holiday season with heightened police enforcement. If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow him on Facebook, Twitter, and Google+ for more traffic law updates and news.

Source Code Defense Dead For DUI cases?

Recently, the Georgia Supreme Court has resolved the source code issue brought up with Cronkite v. The State case. DUI defense lawyers in Georgia have been filing motions to secure out-of-state witnesses from CMI Alcoblow Breath Test to bring the source code software to Georgia for inspection of errors and flaws.supremecourtsteps

The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”.  A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.

The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.

In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.

How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.

To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI. Don’t forget to connect with attorney Mickey Roberts on Facebook, Twitter, and Google+ for the latest DUI news.

Holidays Bring Increased DUI Enforcement

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

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

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.

Archives

Newsletter

Location

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.
DUIs in the News