- Monday, 06 July 2015 19:27
Summertime usually means traveling to the beach or mountains or lake. If you are planning on driving out of the state this summer, here are some scenarios to think about:
Your teenager gets an out-of-state speeding ticket in Gulfshores, Alabama. How does that affect his/her license in GA?
If the speed is high enough that it would suspend the license in Georgia, then the Georgia license will eventually be suspended. If the offense is one that would suspend the license in Alabama, then the Georgia license will also eventually be suspended, and your teen will have to reinstate driving privileges in Alabama BEFORE getting their Georgia license reinstated.
You get a DUI in Florida, and you have a Georgia license.
If you are convicted of Driving Under the Influence (DUI) in Florida, your Georgia license will be suspended. You will NOT be able to get a limited permit to drive to work, and you will only be able to get license reinstatement in Georgia once you have satisfied Florida’s reinstatement provisions.
You receive a ticket out of state which can suspend a driver’s license either in the other state or Georgia.
Your Georgia license will be suspended and you will not be able to get Georgia license reinstatement until you have satisfied all the issuing state’s reinstatement procedures.
For some reason, many folks think that an out of state ticket has no bearing on their GA license. Unfortunately, this is not accurate. Therefore, you should call or email me, Mickey Roberts, PC, if you or your family member receives a ticket out of state.
- Sunday, 08 June 2014 11:31
It’s an understatement to say that being arrested for driving under the influence (DUI) can be an overwhelming experience. Even in the first moments, you begin to consider what the next step should be. According to Georgia DUI attorney Mickey Roberts, the logical next step is to find a great lawyer who can address your case effectively and professionally. Below, he provides five key points that should be brought up when selecting your DUI attorney.
- Don’t be afraid to ask questions. Thoroughly learn the lawyer’s background and experience. Inquire about where they attended law school and their time of graduation, as well any membership in bar organizations and length of practice.
- Get a feel for their client base. How long has the lawyer been representing clients facing DUI? Is it their specialty, or just something done on the side? How many clients are represented each year?
- Their success is your business. Ask about their success rate within the court, and welcome feedback on your case so they can understand the charges and if they believe they can take you on as a client. If you’re satisfied with the amount of cases won, it’s a good indicator that this is a trustworthy lawyer for you.
- Assess your case. Lay out the details of your arrest and the charges you’re currently facing. Ask the lawyer what they would recommend in terms of a guilty plea or trial. Request for them to lay out the factors in your case that work in your favor or against you to determine how the DUI lawyer will aggressively defend you in court.
- Consider the cost. Yes, DUI arrests can be expensive. But think about the possible outcomes: you could lose your driver’s license, experience an increase in insurance premiums, DUI school, fines, and possible jail time. And of course it costs money to hire a lawyer.
After meeting with your potential attorney, evaluate. Consider what you heard about their experience, success rates, and applicable fees. Do your research. If you believe the attorney will fight hard for your case and value your triumph over your charges, hire them! To contact a reputable DUI in Georgia, call Mickey Roberts. Be sure to follow Mickey Roberts on Facebook, Twitter, and Google+ for traffic law updates and news.
- Monday, 17 March 2014 21:24
Whether you have been arrested for DUI (Driving under the Influence) for the first time or multiple times, you may be wondering how the DUI process works and exactly what you should be doing NOW. Below, DUI attorney Mickey Roberts
details step-by-step what happens when you’re stopped for suspicion of DUI.
- After suspicion or probable cause (for example, operating your vehicle in an unusual or illegal manner), an officer stops your vehicle and requests you to pull over before obtaining your driver’s license, vehicle registration, and insurance card.
- After providing the police with your license and insurance, tell the officer you are invoking your 4th Amendment rights. Also tell him/her that you are invoking your 5th Amendment rights as well.
- If the officer suspects you are under the influence of alcohol, you will be asked to submit to field sobriety tests such as horizontal gaze, walk-and-turn, and the one-leg stand evaluations.
- Following the field sobriety tests, if the officer suspects nothing, you will be released. However, if the officer has probable cause, you will be placed under DUI arrest and taken to the police station. You will be asked to submit chemical testing of breath, blood, or urine.
- … Do NOT refuse to take the State chemical tests UNLESS you have had enough alcohol to be above the .08 limit. If you refuse to take the test, your license could be suspended for one year.
- If you are under 21, or this is not your first DUI in five years, it is recommended that you refuse to take any state chemical test of blood, breath, or urine. Otherwise, request a blood test and independent breath test with another police department immediately after arrest, and then take the state test(s). Do not refuse to the take the State test outright or your license will be suspended for one year.
- Once in custody, invoke your right to an attorney—however, you are not guaranteed the right to call an attorney for advice on a roadside stop. Memorize and print your legal rights NOW to avoid problems at the scene.
- You are required to post bond and may be incarcerated until bond is posted.
- Your vehicle may be towed, impounded, or seized.
- Keep in mind: If you register over .08 on the state chemical test or refuse completion, you only have ten business days from the arrest to request a hearing from the department of Public Safety before your driver’s license will be inevitably suspended.
Stay tuned for a blog coming soon for more on what happens after
your arrest. If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today
. Also be sure to follow me, Mickey Roberts on Facebook
, and Google+
for more traffic law updates and news.
- Friday, 11 May 2012 10:57
Many of our government officials love the term “full disclosure” these days. Another word they like to use is “transparency”. Yet, the Georgia Supreme Court doesn’t believe in transparency or full disclosure when it comes to breath tests
. Take the recent case of Padidham v. State, decided May 7, 2012.
Let me set the scene. In Georgia, when you are arrested for DUI
, the officer reads you the Implied Consent Warning
(ICW), where he basically informs you that “Georgia law requires you to submit to a test of blood, breath, urine or other bodily substance to determine if you are under the influence of alcohol, but you can refuse to take such test(s). The refusal can be used against you in court, and that if you do take the test(s), you are entitled to additional independent tests of your choosing.”
Logic would tell us that it would help to know the results of the “State” test BEFORE deciding whether to get an independent test or not. For instance, if the State breath test showed a blood alcohol content
of .08, .09, or something close to the limit, you might want to ask for a blood test or another type of test.
It would be very easy for the police to let you know your results immediately after submitting to a breath test as the machine prints out copies of the results immediately after you blow into the machine. However in Padidham, our Georgia Supreme Court holds that ALL an officer needs to do is inform you of your right to an independent test. The police do NOT need to tell you your actual test results. Once again this brings to mind the saying, “good enough for government work.”
To learn more about DUI and traffic violation defense
, read our blog and connect with us on Facebook
, Twitter, and Google+.
- Wednesday, 11 January 2012 13:31
The U.S. Supreme Court has agreed to take a case out of Florida which asks the question:
Does a police dog’s sniff outside a house give officers the right to get a search warrant for illegal drugs, or is the sniff an unconstitutional search?
On the morning of Dec. 5, 2006, Miami-Dade police detectives and U.S. Drug Enforcement Administration agents set up surveillance outside a house south of the city after getting an anonymous tip that it might contain a marijuana grow operation. The cops brought Franky, a K-9 drug dog . The dog quickly detected the odor of pot at the base of the front door and sat down as he was trained to do.
That sniff was used to get a search warrant from a judge. The house was searched and its lone occupant, Joelis Jardines, was arrested for drug possession
after trying to escape out the back door. Officers pulled 179 live marijuana plants from the house, with an estimated street value of more than $700,000.
Amendment to the U.S. Constitution forbids government searches of persons and property without probable cause.
The U.S. Supreme Court has approved drug dog sniffs in several other major cases. Two of those involved
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