Category Archives: Blog

Five Things Cops Don’t Tell You during a Traffic Stop

If you drive a car for any period of time, chances are good that you will be stopped at some time by a police officer.  If the cop suspects that you have been drinking, there are five things he/she will NOT tell you during their detention:arrested for dui
  1. Once they smell what they believe to be alcohol, they are like sharks smelling blood. Their focus becomes ENTIRELY on forming an opinion that you are driving under the influence DUI.
  2. Police ask you if you have been drinking for two reasons: if you deny drinking and later it is determined that you have been drinking, they use your denial against you in court; If you admit drinking they can also use it against you in court.
  3. They will not tell you that the Field Sobriety Evaluations will be used against you as evidence to prove you guilty of DUI.
  4. They will not tell you that the portable breath test (alco sensor) on the scene gives the officer a numerical readout of your blood alcohol level. Using that number allows him to form an opinion that you should be arrested for DUI.
  5. They will not tell you that if you take the State breath test and register above the legal limit (currently .08 grams/210 liters), you are automatically deemed DUI and the burden shifts to you to prove innocence.
  While you need to cooperate with the officer in giving them your license and following instructions to get out of your car, you do NOT have to provide evidence which they can use at a later date to convict you of DUI. Remember that DUI is an opinion crime: the officer forms an opinion based on his interpretation of the evidence. Keep these points in mind if you are stopped by the police; if you are arrested for DUI or any other serious traffic violations, contact MRGADUI.  You can also connect with attorney Mickey Roberts on Facebook, Twitter, and Google + for the latest DUI news.

Researchers Open Up Possibility of Roadside Breath Testing for Drugs

In the state of Georgia, anyone suspected of DUI is subject to a number of field sobriety tests to determine whether a driver is unfit to operate a vehicle.  While most people may associate a DUI with alcohol consumption, it also includes the use of drugs.  With breath tests as a frequently used roadside test to determine an individual’s blood alcohol content detected in the breath, there has not been a similar device to determine the presence of drugs, until now.Police Officer - Eye Coordination

A group of researchers from the Karolinska Institute in Stockholm, Sweden conducted a study proving illegal substances such as cannabis, cocaine and amphetamines can be detected in the breath, opening up the possibility of a roadside drug breathalyzer test.  47 participants who had used drugs in the previous 24 hours submitted blood, breath, plasma and urine samples.  The breath samples were collected using a small portable breath sampling device that consisted of a mouth piece and a micro-particle filter.  Tiny particles that carry non-volatile substances (a substance that can’t be changed from a solid or liquid into a vapor) and have been inhaled or consumed contaminates the airway lining fluid and are subsequently passed through open airways when exhaled, trapping the micro-particles in a filter that can be sealed and stored for testing.

Similar to field sobriety tests conducted in DUI cases, drug tests may be administered roadside using the same breath test method.  With the possible drug breathalyzer test, police will be able to detect drugs and convict drivers of a DUI if drugs are present in their results.  As a Gwinnett traffic attorney with over 18 years of experience representing clients for DUI offenses, Mickey Roberts often reminds his clients to follow the 4 simple rules to understand their rights and to avoid incriminating themselves.

To learn more about the latest news on DUI and traffic laws, visit the MRGADUI blog.  To inquire about legal representation for traffic offenses, contact Mickey G. Roberts today.  Also be sure to connect with Mickey on Facebook, Twitter and Google+.

Governor Deal Signs Law to Lower the Legal Limit for Boating and Drinking in Georgia

There’s no denying we are getting closer to summer, and what better way to beat the heat than by escaping to the lake to enjoy a day on the boat with family and friends?  With an influx of people heading to the lake, it’s important to be aware of the big changes coming for blood alcohol content limit for BUI arrests.mr ga dui

We recently shared the news that Governor Nathan Deal and state legislators had proposed a new boater safety law SB 136, a bill that would lower the legal blood alcohol content  (BAC) for operating a boat from .10 to .08, which is the same BAC limit required for anyone driving a car that’s of legal drinking age.  The bill was officially signed last month and will go into effect on May 15.  Part of the legislature, the Jake and Griffin Prince BUI Law, was named in honor of two brothers tragically killed last summer at Lake Lanier in an accident involving an intoxicated boat driver.  With the new law comes harsher penalties for anyone caught operating a boat while intoxicated beyond the legal limit because it is just as dangerous to drive a boat under the influence as it is driving a car.

According to the Georgia Department of Natural Resources, there were 180 recorded boating under the influence (BUI) cases in Georgia last year.  Anyone who is arrested for BUI faces potential loss of privileges to drive a boat, misdemeanor charges, fines up to $1,000 and/or up to one year of jail time.  While enjoying alcohol while boating is not illegal, boating under the influence and endangering those around us is.  Drinking impairs your judgment and delays reaction time, putting yourself and others in danger.  The new law encourages extra safety on the water to avoid injuries and accidents because of poor decisions made from alcohol consumption.

Gwinnett traffic and DUI attorney Mickey Roberts represents clients with traffic, DUI and BUI offenses with over 30 years of practice experience.  To inquire about legal representation for BUI or other offenses, contact Mr. GaDUI today.  Also be sure to connect with him on Facebook, Twitter and Google+.

Part 1: Seminar Leads DUI Attorney to Question Science behind State DUI Evidence

In late March, I attended the 20th Annual Mastering Scientific Evidence (MSE) seminar in New Orleans. Topics included field sobriety tests, breath tests and blood tests, among others. Speakers included lawyers, professors, and scientists. Cases dealing with DUI arrests, perhaps more than any other criminal cases, use “scientific” evidence to convict those accused of driving impaired due to alcohol or drugs.

Georgia courts have determined that some evidence used in DUI cases has reached a “verifiable stage of certainty in the scientific community,” and therefore should perhaps be given more weight and credibility than other evidence. The danger in making such assumptions is that IF the so-called scientific evidence is based on shoddy or incorrect scientific methods then any such evidence used to convict someone of a crime in effect violates the Due Process clause of the US Constitution.Police Officer - Eye Coordination

Let’s first define science.   According to Webster’s New Collegiate Dictionary, the definition of science is “knowledge attained through study or practice,” or “knowledge covering general truths of the operation of general laws especially as obtained and tested through scientific method [and] concerned with the physical world.”

What does that really mean? Science refers to a system of acquiring knowledge. This system uses observation and experimentation to describe and explain natural phenomena. The term science also refers to the organized body of knowledge people have gained using that system. Less formally, the word science often describes any systematic field of study or the knowledge gained from it.  For DUI arrest cases, the science portion refers to the methodology and results derived from field sobriety tests and state chemical tests.

Most scientific investigations use some form of the scientific method, a logical and rational order of steps by which scientists come to conclusions about the world around them. The scientific method helps to organize thoughts and procedures so that scientists can be confident in the answers they find. Scientists use observations, hypotheses, and deductions to make these conclusions.  If any of the scientific method is incorrect or does not meet certain standards set by the scientific community, then the conclusion could be incorrect. After attending this seminar, it is readily apparent that some of the “science” used by the State in DUI cases is suspect. Even the early controlled studies in the 1970s of field sobriety evaluations were skewed scientifically! In the next few posts, I hope to point out the flaws in this “evidence”. Connect with me on social media through my MRGADUI Facebook, Twitter, and Google + pages for the latest DUI and criminal attorney news.  Stay tuned, you may be shocked!

Georgia to Lower the Legal Limit for Boating and Drinking

As the warmer seasons arrive, popular spots like the lake and beach fill up with families, swimmers, and boaters. With recent stories of boating accidents occurring on the lake, Georgia state legislators have discussed the existing blood alcohol limits for boaters. Currently, Georgia’s blood alcohol content (BAC) limit for boat drivers is 0.10, up 0.02 from the standard in place for driving a motor vehicle under the influence. Governor Nathan Deal and other state legislators have been pushing to lower the limit to 0.08 to match the driving law stating, “If you are too drunk to drive an automobile, you are too drunk to drive a boat.” Of course .08 is just a legal limit imposed; no studies show that a person is “drunk” at that level.mr gadui

Gwinnett traffic and DUI attorney Mickey Roberts has represented clients for traffic and DUI offenses on the road and on the water. Even though 0.02 is not a drastic change, it should remind boaters to think again. Boat accidents are just as dangerous as car accidents, and Mickey encourages boaters to understand the laws of operating a boat on a lake or river in Georgia. While we are all familiar with the fines and penalties related to a DUI conviction, a BUI (boating under the influence) conviction has the same consequences whether you are operating a small boat or a yacht.

If you are suspected of boating while intoxicated, you will be pulled over by police that patrol Georgia’s lakes and rivers. The protocol remains the same as if you were suspected of driving a car under the influence with being asked to perform field sobriety tests and/or submit to a breathalyzer test. Consequences for a BUI conviction will still include fees and possible jail time, and the ability to operate a boat is suspended. As Mickey often reminds his clients, it is important to remember the 4 simple rules when stopped by police to avoid incriminating yourself and to understand your rights as a driver.

The state House of Representatives has passed Governor Deal’s proposal, however, it is still under review from the Senate. Be sure to stay up-to-date with our blog for more traffic law news. To inquire about legal representation for DUI or other traffic offenses, contact Mr. GaDUI today. Also, connect with him on Facebook, Twitter, and Google+.

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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.
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