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+.

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.

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!

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+.

As laws can often be hard to understand, Mickey is dedicated to providing his clients with clear, concise information.  Through his MR GA DUI  website and frequent presence at local events, he shares with others his knowledge about Georgia’s laws and drivers’ rights.

Mickey Roberts’ YouTube channel features short videos answering your frequently asked traffic and DUI questions.  Video topics include “what to do if stopped by the police” and “what are the standard field sobriety tests?”.  During his short, 2 minute videos, he’ll briefly explain and discuss these hot topics. Be sure to check back often as Mickey adds educational driver information.

Continue reading MR GA DUI’s blog for the latest news about Georgia traffic laws. You can also connect with him on Facebook, Twitter and Google+ for information on driving issues.   You can also submit questions you’d like to have Mickey answer in one of his educational videos by contacting one of his social media profiles.

During the operation, three Gwinnett county police officers were positioned in unmarked SUVs along Pleasant Hill Road.  Upon seeing someone they thought was texting while driving, they signaled to other officers down the road to pull the car over.  During the crackdown, officers wrote 17 citations during one, 11 hour span.  Gwinnett Police Cpl. Jake Smith said in article from The Gwinnett Daily Post that these results were “pretty telling” of the problem’s prevalence. Smith said that similar operations will not happen regularly because of the man power required; however, drivers should be aware it will happen intermittently in the future.

As a Gwinnett traffic attorney with over 18 years of specialized experience representing clients for traffic offenses ranging from speeding to vehicular homicide, Mickey Roberts (MRGADUI) understands that fighting a traffic ticket can be a complex matter.  Mickey shares, “what a lot of folks don’t realize about the new texting and driving law is that you don’t need to physically be texting for police to pull you over.  According to SB360, any individual who is caught manipulating their cell phone and transferring data by texting, checking email, etc. can be cited.”

Currently, anyone who receives a texting citation also receives a $150 fine and a point on their driver’s license.  The relatively new law is still rather gray, as Corporal Smith stated in the aforementioned article about what is and isn’t allowed of driving cell users, “If you’re mounting it to the dash, or looking at it from time to time, that’s fine,” Smith said. “But you can’t be fooling with it.”

To learn more about the latest cell phone laws, visit the MRGADUI blog.  To inquire about legal representation for traffic offenses, contact Mickey G. Roberts.  You can also connect with Mickey on Facebook, Twitter, and Google+.

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.

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.

When Davis was asked by the officer if she had been drinking, she said yes – not following rule number 1 of the 4 simple rules to remember when stopped by the police.  However, she did refuse a breathalyzer test and field sobriety test.   As you may have seen in previous blogs or on a MRGADUI koozie, I want to remind everyone of the 4 simple rules:

1. Never admit to drinking or anything else. This does not mean deny drinking, it means do NOT admit or deny drinking or anything else. You do not have to provide any evidence that may incriminate you.
2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary and can include an eye test, walking a straight line, standing on one leg, ABCs, and/or a portable breath test.
3. Do not take any state tests after your arrest if you believe you might be over the legal limit of .08 limit.
4. If you are under 21 and receive a traffic ticket, call me! Since many traffic violations in addition to DUI can result in license suspension for underage drivers, it’s best to contact me to see whether your license is subject to suspension.

* 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.

Contact me if you need DUI help or have questions about another traffic offense.  Don’t forget to connect with me on Facebook, Twitter, and Google+ for the latest information about traffic issues and driver’s rights.

Because of driving inexperience and unsafe driving habits, teenage drivers are more prone to engage in reckless or distracted driving. Statistics show they are more likely to speed, neglect seatbelts, text, and even drink while driving. They are also unable to recognize dangerous situations or poor road conditions where these habits can contribute to serious injuries – or even death.

As a parent, it’s imperative to discuss safe driving behavior and stress these types of consequences. Here are a few topics you should be sure to discuss with your teen:

1. Cell phone use- Regardless of age or experience, cell phone use is always dangerous while driving. Talking on the phone and texting while driving are both extremely distracting for any driver because it interferes with keeping focus on the road. Teens should consider turning their cell phones off, or even storing it somewhere out of reach while they drive to avoid the temptation.

2. Limiting number of passengers- Like cell phones, friends can also be distracting for any teen driver. Statistics show that teen drivers are more likely to engage in risky driving habits with peers than when they’re alone. More passengers in a vehicle heighten the risk of distraction.

3. Seat belt use- This is something all drivers should do, not just teens. Seatbelts are the single most effective tool for saving lives and preventing injuries. Seat belts can make the difference between life and death.

4. Substance abuse- No substance abuse should be tolerated, especially for underage teens. Any amount of alcohol for an individual under 21 raises their risk of receiving a DUI in addition to jeopardizing lives. You should also discuss the risks of being a passenger in a vehicle with a driver who has been drinking or using other illegal substances.

5. Reviewing state driving laws- Discuss curfew times set by the state and the minimum number of practice hours required before getting a driver’s license. Ensure your teen fulfills all requirements and sets a foundation for safe driving. In addition to the state of Georgia’s driving laws, you should also discuss your expectations and restrictions of their driving privileges.

A parent will always worry about their teen hitting the roads for the first time, but educating them about safe habits, along with the consequences and rules of driving will help reduce the chances of an accident. Check out my website for more information on driving issues and DUI help and be sure to connect with me on Facebook and Twitter.

The authors of the study compared two groups of people: one group of 5,183 people who had been involved in motor vehicle accidents and one group of 31,093 people of comparable age and gender who had no record of being involved in accidents. Researchers found that study participants who had been involved in the car accidents were also more likely to be taking psychotropic drugs. Although driving under the influence of these legally prescribed drugs will not be included in the drug schedule until further research is conducted, people taking these types of drugs need to know the risks in order to increase driving safety. Researchers suggest that doctors should warn their patients about taking such medications before driving.

You may be reading this thinking you have nothing to worry about besides the potential for a fender bender, but even though you will not be charged for taking certain non-abusive prescription drugs that may increase driving risk, you could encounter other traffic issues including vehicular homicide or other issues like license suspension.

As a traffic attorney who is dedicated to defending driver’s rights, Mickey Roberts has seen the impact traffic violations can have on a person’s life. Even if you are not driving drunk, certain things can increase your driving risk whether or not they are illegal. If you have been charged with DUI or another traffic offense, contact MrGaDUI today. For more information about traffic issues and driver’s rights, visit his website and connect with him on Facebook, Twitter, and Google+.

Two cases involve the 4^th 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 2^nd 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.