- Wednesday, 02 February 2011 12:30
If the highly publicized DUI accusations
of former Gwinnett County Commissioner Charles Banister
or Tampa football star Mike Williams
are any example, Driving Under the Influence (DUI)
is a crime that is prevalent nation-wide. The town of Huntington Beach, California is particularly familiar with this type of headline. This coastal vacation destination of 200,000 people is ranked first, out of the entire state of California, for the number of alcohol-related traffic deaths
among comparable cities. In an effort to bequeath this title to someone else, Huntington Beach Councilman Devin Dwyer proposed a public shaming of repeat DUI offenders
on the city’s Facebook page.
According to the Fox News report released last week, Dwyer’s fellow council members voted against the proposal for fear that the action would “alienate residents and impact the presumption of innocence for suspects.” The Huntington council also stated that implementing the policy would mean certain damage to the city’s image.
In the state of Georgia, if this is not your first DUI
or you’ve been convicted multiple times of driving under the influence of drugs or alcohol
(second DUI, third DUI, etc
.), you can expect to see a report of your repeat arrest (and photo) published in the newspaper along with the following:
- Paying a $600-$1,000 fine**In addition to money lost on account of diminished wages, legal fees, damages, etc.
- Spending 72 hours in jail
- Serving 30 days community service
- Undergoing alcohol or drug treatment
- Completing a mandatory Risk Reduction Program
- Serving 12 months probation
- Surrendering all license plates for cars registered in offender’s name
As an Atlanta DUI and traffic attorney
, I use my Facebook
page not to shame drivers, but provide them with news and advice to assist in minimizing the embarrassment and disruption created when arrested for a traffic-related offense
. To read more from my latest blog
visit the MRGADUI website
- Monday, 24 January 2011 16:31
If you make your living driving a commercial vehicle, you need to know that there are many ways you can lose your CDL (commercial drivers license) in Georgia.
Here are 5 ways you can lose your CDL for a year:
1. Driving a commercial vehicle with .04 or more percent by weight of alcohol in your blood system;
2. Conviction of a DUI, regardless of whether you are driving a commercial vehicle when arrested for the DUI
3. For refusing to submit to any state chemical test
to determine if you are DUI;
4. Conviction of other mandatory suspend able offenses, such as fleeing, racing, and hit and run;
5. 2 violations of out of service orders in separate incidents;
If you are charged with any traffic violation, you need to know whether that offense would result in license suspension or out of service Orders; you need to call mrgadui
- Monday, 17 January 2011 09:32
Tampa Bay Buccaneers
receiver Mike Williams
, who was arrested in mid-November on suspicion of driving under the influence, will not face charges after his urinalysis came back negative, the county state attorney’s office said Friday. Here is another example of why you should never assume someone guilty of DUI
just because they are arrested. Here are the facts in Williams case:
Read more ...
- Friday, 29 October 2010 08:09
I got a not guilty verdict from a jury in Fulton County yesterday on a DUI
case. Here is how: My client had been to a business dinner in Alpharetta and had actually consumed 3 vodka tonics(he had the receipt). He made an improper U Turn and was stopped by Alpharetta police; the cop had my client do Field Evaluations
(FSTs), then arrested my client and requested a State Breath test
, which my client refused. There was a video, but no audio. At trial
Read more ...
- Thursday, 29 July 2010 08:09
There is a firestorm brewing in Georgia over what is commonly called an “Administrative license suspension hearing”. In Georgia, the State can try to suspend your license before you are convicted of a DUI; the process for this to happen is that an officer signs a sworn document, swearing under oath that he/she arrested you for DUI
and you either registered above a .08 or you refused the test.
Apparently, cops have been filing these sworn reports without actually swearing in front of a notary; this is the same as not swearing under oath at all. A few of my fellow DUI defense lawyers have successfully obtained restraining orders, keeping the State from moving forward in these cases until they can prove that they followed the law. The Georgia Appellate Courts have routinely allowed the police leeway in not following the Constitution or Georgia laws when DUI arrests are involved, from not having to tell a person that all field tests are voluntary, to not having to follow rules in administering the State Breath test machine used to convict people of DUI.
Perhaps now the pendulum is swinging back to at least middle ground… the cynic in me bets NOT!