Tag Archives: arrested for dui georgia

How Motions Can Win a DUI Case

There are many ways of winning a DUI case, and one way is to fight the case with “motions”. Motions are pleadings filed with the court asking it to throw out the case entirely or limit evidence that the State can use against the defendant.

The most common motion I use is called a Motion to Suppress.  This motion serves 3 purposes. First, it could possibly win the entire case, such as when the court rules the stop illegal. Second, it allows me to cross examine the cop to see if he/she can actually articulate why the defendant was arrested for DUI, whether they followed their training, and so forth. This is especially important in cases where there is no video of the arrest. I can cross examine the officer and many times show the State that the officer did not follow basic operating procedures for a DUI arrest, or doesn’t make a good witness.  Finally, sometimes the officer fails to appear for the hearing and the case gets thrown out.

One of my most recent cases shows the importance of motions: my client was stopped for weaving, supposedly failed all of the field sobriety tests, and registered a BAC (blood alcohol content) of .08 on the breath test. At the motions hearing, the officer was unable to remember or articulate my client’s physical appearance, could not articulate how he administered the field tests, and most importantly, NEVER testified that he read the implied consent warning (the warning needed as a prerequisite BEFORE admission of any State breath test). As a result the .08 was excluded from evidence. After the hearing, the State approached me and offered a dismissal of the DUI in return for a plea to reckless driving. My client readily accepted the reduced charge, and the case was over without the further expense of a jury trial for my client.

Motions are an important tool in aggressively defending DUIs, and any good DUI attorney should use motions on most DUI cases.  To learn more about the DUI defense and other traffic related services I offer visit my website and continue to read by blog.  Connect with me on Facebook and Twitter for access to the latest traffic offense news and updates.

Why You Should Not Trust Georgia’s Breath Test Machine

When a person is arrested for DUI in Georgia, suspected of being under the influence of alcohol, most of the time the police will request that the person go to the jail or police station and submit to a “State chemical test of your breath.” It is this “breath test” that is used to convict that person of DUI, simply for having blood alcohol content (BAC) of over .08 grams.

Georgia uses a breath test machine manufactured by CMI, a company out of Kentucky. The machine contains many parts, and operates through an Infrared device used to take a breath sample from a suspect and convert it into an amount of alcohol in the person’s blood. The machine is a computer and operates by using a “source code” as all computers operate. There are many reasons why we should not trust the accuracy of Georgia’s breath machine. Here a just a few:

1. The machine is only inspected by a State employee once every 3 months; it is not inspected before and after every individual test. Therefore, even if the machine is deemed to be working properly, it can only be argued correctly that it was working that day, with only the inspector present.

2. During the “inspection”, the tester never actually opens up the machine to check to see if the electronic components are working properly.

3. The inspector does run a known alcohol solution through the machine. If the machine prints out a reading that is close to the actual alcohol amount, the machine is deemed to be working that day.

4. The alcohol control solution is in no way similar to an actual human sample. It does not take into account how a person with asthma, allergies, braces, gastric reflux, bridgework, or a fever would blow.

5. The inspector runs two test samples, if the two test results are within 25% of each other the machine is deemed to be working properly!

  There are many other reasons why you should not trust the breath test machine, but if you just consider the way Georgia inspects these machines to “verify” that they are working properly, ask yourself the following:

a. Would you allow your CPA to prepare a federal tax return with a 25% potential disparity?

b. Would you pay a lasik surgeon to fix your vision, and accept as “good enough for medical purposes” a CORRECTION that was OFF by these + and – ranges?

c. Would you book a flight on an airline with these variable percentages on their altimeters (the device that estimates the distance between the ground and the wheels at “touch down” on the runway)?

While these scenarios may seem far-fetched, they demonstrate the importance of only seeking the advice of an experienced Georgia DUI attorney if charged with DUI. To learn more about DUI and traffic violation defense, read our blog and connect with us on Facebook, Twitter, and Google+.

MRGA DUI Provides Free Rides Home to Meehan’s Patrons on St. Patrick’s Day

For the fifth year in a row, Atlanta DUI attorney Mickey G. Roberts will be providing St. Patrick’s Day celebrators with free rides home on March 17th from Meehan’s Public House in Sandy Springs.  As long as the rider’s destination is within a 10 mile radius of the restaurant’s 227 Sandy Springs Place NE location, and they sign up at the welcome table at the beginning of the evening, Mickey Roberts and Atlanta VIP Ride will provide a free limo ride home.

Mickey shared about his continued tradition with the Atlanta Irish pub, “As an attorney who has specialized in DUI and other serious Georgia traffic offenses since 1980, I have seen what a fun celebration can turn into if the proper precautions aren’t taken.  Meehan’s goes to great lengths to ensure their patrons have a good experience, and I want to do my part to promote responsible drinking.”

The weekend before St. Patrick’s Day, on March 10th at 12:00 pm, Meehan’s Sandy Springs will host St. Baldrick’s Shamrock n’ Roll head shaving event to raise funds for the childhood cancer care and research organization.  Mickey’s cornhole game will also be set up at this event for $1 per person, per game.    In addition to the free limo rides, Mickey’s cornhole games will be set up for Meehan’s patrons on the night of the 17th.  Charging $1 per person, per game, Mickey will match the proceeds and donate all of them to the St. Baldrick’s Foundation for childhood cancer research and care.  Last year’s Shamrock n’ Roll event raised over $50,000 for the St. Baldrick’s Foundation.

To learn more about Meehan’s St. Patrick’s Day festivities like live music by Collective Soul’s Ed Roland and the free rides from MRGADUI, check out Meehan’s website. You can also connect with him on Twitter and Facebook for the latest in DUI law news and event updates.

mickey g roberts

Stone Mountain Woman Indicted on Vehicular Homicide and DUI Charges

mrgaduiTwenty-two-year-old Chasity Nicole Jones was indicted by a Fulton County grand jury earlier this month on vehicular homicide and other charges in an incident that killed senior Atlanta police officer Gail Thomas on the evening of January 24th.  Thomas died on the scene as a result of the injuries she sustained when Jones’ car struck her on an I-75 entrance ramp as she exited her car to assist another officer with a previous accident.

Reported by Georgia Daily News, Jones was indicted on vehicular homicide, driving under the influence, possession of drugs, and other drug-related charges.  She is currently being held at the Fulton County Jail without bond.  According to reports by Channel 2 Action News, Jones was carrying three passengers: Stephen Pearson of Gwinnett County, Katherine Gilliam of Lawrenceville, and Fred Jones of Cobb County. All of the noted passengers have declined media comment.

Homicide by vehicle carries a maximum sentence of 15 years in prison and three years of driver’s license suspension without the possibility of a work permit.  Georgia vehicular homicide is defined as the unlawful killing of an individual with a motor vehicle.  The charge degrees associated with vehicular homicide include felony vehicular homicide, misdemeanor vehicular homicide, feticide, and serious injury by vehicle.  All of these classifications carry different implications, but all involve a driver’s actions as the proximate cause of death or cause of serious injury.

Practicing Georgia vehicular homicide defense since 1995, I’ve certainly seen the devastating effects it has not only on its victims and their families, but also the debilitating long-term implications for the person charged.  While a 15-year sentence may not seem proportional to the actions involved, it’s also worth noting that vehicular homicide charges are almost always accompanied by substance related charges like DUI and DWI that carry their own steep punishments.  Given the life-altering consequences of serious traffic-related offences like vehicular homicide, I strongly encourage prospective clients to do their research when selecting a criminal defense attorney.  It’s important to only select counsel with a successful record of case wins.

To learn more about the legal services I provide and for answers to your frequently asked questions about DUI, visit my website.  You can also connect with me on Facebook and Twitter for the latest in traffic law news.

Directed Verdict of Not Guilty for Case of Month March 2011

This month’s case shows how you can win a DUI case without going all the way to a jury.  My client, a Nebraska resident, was in Atlanta for a meeting.  He got turned around and was driving the wrong way on Spring Street. He was stopped by an Atlanta police officer and subsequently charged with DUI.  Even though he agreed to take the Field tests (a no no!), he refused to take the State Breath test. We decided to fight the case with a jury in the State Court of Fulton County.  I had noticed the accusation, which is the charging document, alleged that my client was “driving under the influence of alcohol on Peachtree Street.”  It was also apparent that the State prosecutor had no idea that the accusation was drafted incorrectly. In a criminal case the State must prove each and every element of the charging document.  Once a jury is empaneled , double jeopardy attaches and the Defendant cannot be tried again.  So in this case, I waited until the jury was empaneled,  let the State’s officer testify and even cross examined him about the facts of the case; my last 2 questions were: Was client X driving on Peachtree Street?  Was he ever driving on Peachtree Street to your knowledge? Of course the answer was “no”.  I sat down, let the State rest, and then asked the court to dismiss the charges in what is legally called a directed verdict.  The Court agreed, dismissed the charges, and client was happy! Was my client lucky? Maybe, although I thought we had a good chance to win even with a jury verdict. Did it help that he decided to spend the money on an experienced   DUI lawyer? Absolutely!

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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.
arrested for dui georgia