Tag Archives: DUI defense

Can Your DUI Be Reduced to Reckless Driving? February’s Case of the Month

Don’t settle for DUI. In some cases, such as this month’s featured DUI case, a DUI can be reduced to reckless driving. My client was stopped in the city of Duluth, Georgia. She was coming home from work late at night, and the officer stopped her for speeding. In the video of the case, the officer said my client smelled like alcohol, her eyes were bloodshot, and her speech was slurred; he administered the Horizontal Gaze Nystagmus HGN and found the maximum number of clues. After her arrest, my client refused to take any State breath test.

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Although her prior DUIs were several years ago, this arrest marked my client’s third lifetime DUI. The video revealed my client’s speech and walk were normal. She was argumentative with the officer, but I argued that was because she felt she was being wrongfully arrested. The officer’s evaluation of the HGN was absolutely inconsistent with her physical appearance, and I argued that therefore the HGN should be totally discounted.

Because of those arguments, as well as my long standing professional relationship with the Duluth Court, the charges were reduced to a lesser offense; my client was able to keep her license and walk out of Duluth Court, with no probation.

The fact is that in today’s DUI World, a lawyer’s experience, reputation, and relationships are important. When someone is looking to hire a DUI lawyer, the questions must be asked: How much experience do you have in DUI defense? Do you have good reputation in the legal community? What is your relationship with the police, prosecutors, and court?
If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.  

How Lawyer’s Knowledge and Relationships Can Win Your DUI Case

When you are looking to hire a DUI lawyer, which is more important? The price the lawyer charges, or the experience and reputation the lawyer brings to the table?

There is an ongoing debate in legal circles as to how lawyers should charge. On one side is the old-school hourly billing crowd, who believe lawyers should charge by the hour. On the other side, is a new group who believes a lawyer should charge based on his/her knowledge and experience.

With the experience I’ve gained during my years of practice, I do see the benefit in charging based on knowledge, which can be illustrated by a recent case. Throughout my 32 years of practice I have accumulated a vast amount of knowledge on matters involving not only the law, but also about certain courts, police departments, prosecutors, and judges. That knowledge and the relationships derived from practicing for 32 years is in many ways invaluable.

My client was charged with a DUI, and registered a .17 on the State breath test. At first glance most lawyers would assume that it would be impossible to win a DUI case like this one. After looking at the video, however, I found that there were some issues in the case involving not only probable cause for the arrest, but whether the test should be excluded from evidence because of the way the officer read the Implied Consent warning.

I first approached the officer and told him, in a nice way, of my concerns about the breath test; after hearing me out, he agreed, and he went to bat for my client in talking to the prosecutor about reducing the charges. Then I talked to the prosecutor, whom I have known for over 25 years and eventually he agreed with me and reduced the charges.

Without the relationships I have developed with the officer and prosecutor and the reputation I maintain, I would have struggled more to have the charges reduced. In my opinion, experience, knowledge, and relationships are invaluable when it comes to DUI defense.

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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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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