Source Code Defense Dead For DUI cases?
- Monday, 15 July 2013 07:30
Recently, the Georgia Supreme Court has resolved the source code
issue brought up with Cronkite v. The State
case. DUI defense lawyers
in Georgia have been filing motions to secure out-of-state witnesses from CMI Alcoblow Breath Test to bring the source code software to Georgia for inspection of errors and flaws.
The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content
. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”. A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.
The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.
In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.
How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.
To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI
. Don’t forget to connect with attorney Mickey Roberts on Facebook
, and Google+
for the latest DUI news.
Georgia to Lower the Legal Limit for Boating and Drinking
- Tuesday, 26 March 2013 16:01
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.
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
, and Google+
View MR GA DUI YouTube Channel for Helpful Traffic & DUI Information
- Monday, 25 February 2013 19:21
Atlanta DUI and traffic defense attorney, Mickey G. Roberts
has been representing clients for more than 30 years. Although he frequently provides counsel for DUI cases, he also represents those charged with other traffic offenses including reckless driving, vehicular homicide
and possession of illegal drugs.
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
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.
New Federal Transportation Money Brings Funds for Teen Driver Programs, Education, and Enforcement
- Monday, 13 August 2012 11:26
The Federal Transportation Bill signed into law last month brings with it $46 million for state incentive grants to fortify distracted-driving programs over the next two years as well as $27 million for states that adopt safety standards like graduated licensing programs
and prohibiting cell phone usage while driving.
Teen drivers in Atlanta
would be the group most directly influenced by a change to our existing state graduated drivers’ license programs. Currently, in agreement with the standards set forth by the Insurance Institute for Highway Safety, teen drivers must be at least 15 years old to obtain their drivers’ permit. As well, new drivers must log at least 40 hours of practice driving, 6 of which must be completed at night before they are eligible to take the written and field driving tests to obtain a Georgia drivers’ license. Once they have their license, teens may not carry any passengers for the first six months, no more than one passenger under the age of 21 for the second six months, and no more than three passengers in the car at one time until the driver reaches 18.
While Georgia hasn’t made any official announcements about changes to the current cell phone and driving laws
or teen driving laws, some safety group representatives are optimistic about the potential of the new Federal funds, “We know that new drivers have more crashes than more experienced ones,” says John Ulczycki, group vice president at the National Safety Council.
As a father who has defended clients charged with traffic violations in Atlanta
for more than 30 years, I understand firsthand the long lasting effects teen driving violations like speeding, reckless driving, and under 21 DUI
can have on a young person’s adult life. Be sure to continue reading my blog and connect with me on Facebook
, and Google+
for the latest teen driving law updates.
How Motions Can Win a DUI Case
- Wednesday, 13 June 2012 11:17
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
for access to the latest traffic offense news and updates.