Category Archives: Blog

5 Ways Truck Drivers Can Lose Their License

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 asap!

Another DUI arrest dismissed for lack of evidence

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:

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Case of the Year 2010

2010’s Case of the Year was one of  45 wins out of 76 total disposed cases, which also included 0 guilty verdicts.  It just goes to show that an aggressive defense is the best offense when charged with a serious traffic offense such as DUI.

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What does “under the influence” mean?

It’s common to hear commercials and prosecutors using the words, under the influence, to define DUI.  But what does “under the influence” really mean?  First, I’ll tell you what it doesn’t mean: slurred speech, unsteady walk, and failure to stand on one leg without using your arms for balance.  The Legal meaning of under the influence is that a driver is “less proficient, less skillful, less coherent, less able,  and less efficient to drive a car.”   Most of us can readily tell when someone is under the influence, then, can’t we?  Most of us don’t need to see if a person can walk a straight line, stand on one leg, or have that person blow into a computer; we can tell and we know.  Next time  someone uses the phrase, “under the influence” ask them exactly what they mean by that term.  If they don’t say something along the lines of “a person is incapable of driving a car safely”, then you know that they don’t really know the meaning of “under the influence”.

DUI is an “Opinion” Crime

Of all of the various crimes one can commit, DUI is the only opinion crime. What do I mean by opinion crime? Because a police officer must form an opinion that based on certain facts or observations, a person’s driving ability is impaired due to alcohol or drugs. As we all know, opinions are like belly buttons…. everyone has one! A police officer can certainly form an opinion that someone is DUI, and then arrest that person, but that does NOT mean the officer’s opinion is a correct one.

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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.
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