Tag Archives: charged with DUI

Case of the Month: When Parking the Car is the Best Option

Even efforts to make good decisions can go awry when you do not hire the right DUI lawyer. However, in November’s case of the month, because my client went the correct route in getting out of her DUI case, a good outcome was possible in a not-so-good situation.

My client had been drinking when she found herself in a situation where she needed to leave for her safety. After she started driving, she realized that she might have had too much to drink to drive safely. After pulling into a subdivision and parking on a side street, she turned off the car, took the keys out of the ignition, moved over to the passenger side, and drifted off to sleep. Almost 2 hours later, a resident called the police, who came to the scene to investigate. After waking my client up, the officer arrested her for DUI.

One of the key elements in prosecuting a DUI is that the State must prove that you were in control of a moving vehicle and were impaired to drive.  It is possible to be convicted of DUI, EVEN if the officer does not see you driving. You can be convicted by “circumstantial” evidence. For instance, if you are in a parked car with the engine running, you admit that you had parked the car recently, or if you are involved in an accident and admit that you were driving.

The key elements to not being found guilty of DUI–even though you tried to do the right thing by parking your car–are as follows:
  1. Turn the engine off, take the keys out of the ignition, and move to the back seat.
  2. If approached by the police, do not answer any questions relating to when your driving ended, how much you had to drink, etc.
  3. Do NOT submit to any field evaluations.
  4. Do NOT take any breath test at the scene.
  5. If you think you would register above the legal limit, DON’T take any state test.
 

In this particular case, I was able to find a compassionate prosecutor who agreed to dismiss the DUI charge. One would think that if a person was trying to do the right thing by getting off the road, the State would give you a break. However, this rarely happens in the DUI world. Therefore, you need to exercise your Constitutional rights and protect yourself as much as you can.

For more DUI arrest advice you can connect with me on FacebookTwitter and Google+.  Keep reading the MRGADUI blog for the latest traffic law news.

Rates of Female DUI Increase throughout the Last Decade

A recent study published by The Century Council and the Traffic Injury Research Foundation shows that the number of females arrested for driving under the influence of alcohol has increased 36% over a decade. The report, which will be available in full later this month, states that while men are often seen as the primary offenders in drunk driving cases, the number of women involved has increased steadily since 1980 and was up 29% from 1997 to 2007. Researchers examining the phenomenon offer various explanations for this spike in female DUI statistics. One theory is that more women are drinking and then driving than in past years. Some researchers believe that the spike in women’s arrests is due to changes in the legal system including fewer male arrests and changes to the DUI law enforcement policy that bring more attention to women whose blood alcohol content levels are more affected by alcohol consumption. The study indicated,

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4 Simple Rules Explained: Rule 2

mrgaduiRule 2 is: DON’T SUBMIT TO ANY ROADSIDE FIELD SOBRIETY TESTS Once the officer has asked you to step out of your car, he is going to then ask if you would mind doing some “field sobriety tests.” Sometimes the officer will phrase it this way: “Do you mind taking some roadside evaluations to make sure you are ok to drive?” My experience is that MOST people agree to take the roadside evaluations because they believe that by

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4 Simple Rules Explained: Rule 1

mrgaduiIf you have my card or one of my koozies, you have heard about My 4 Simple Rules if Stopped by the Police. The four simple rules come with a disclaimer that tells you to go to my website for more specific information. The reason, of course, is that nothing is ever simple when it comes to dealing with police traffic stops. Here I’ll explain the reasons behind the rules. Rule 1: Never admit to drinking (or anything else). The first thought you should always have when encountering a police stop is, “The police officer is an agent of the government; he has the ability to cause my loss of freedom and loss of drivers license.” When a police officer stops you, they so because they believe you have violated a traffic offense. From the very start, their minds are focused on gathering evidence which they can use against you to convict you of whatever crime they believe you committed.  Your focus from the start should be NOT to provide the officer with evidence that you do NOT legally have to provide! What do you have to provide if stopped by the police?

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Hines Ward’s Recent DUI Sheds Light on Wrong and Right Ways to Deal with DUI

mr ga dui Pittsburgh Steelers wide receiver and Dancing with the Stars Champion Hines Ward was recently in the news after he was arrested in DeKalb County for allegedly driving under the influence. He was pulled over after swerving and hitting a curb. According to the police report, Ward smelled like alcohol and performed poorly on field sobriety tests including the portable breath test and balance tests. He was released from custody after posting bail, and is now dealing with the consequences of DUI allegations including potential suspension from his position in the NFL and media backlash against another athlete in trouble.   While Ward’s case is highlighted because he is a public figure, there are aspects of his case that can help others in the same situation. The first step in avoiding a DUI arrest is prevention. Make plans to have a designated driver or cab come pick you up after a night of drinking.   First, Ward should not have submitted to any of the roadside field tests. If you are stopped and suspected of DUI in the state of Georgia, you are not legally required to take any field sobriety tests. Therefore, you should never submit to any roadside field sobriety tests including the horizontal gaze, walk-and-turn, or one-leg-stand tests.  At a hearing or trial, the officer who initially pulled Ward over will be able to use these roadside field tests against Ward as proof of Ward’s inability to operate a car safely.

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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.
charged with DUI