Can Your DUI Be Reduced to Reckless Driving? February’s Case of the Month
- Wednesday, 19 February 2014 12:02
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.
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 Facebook, Twitter, and Google+ for more traffic law updates and news.
Rates of Female DUI Increase throughout the Last Decade
- Wednesday, 21 December 2011 12:47
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
- Tuesday, 16 August 2011 08:49
Rule 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
- Monday, 08 August 2011 11:18
If 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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