Tag Archives: dui laws in georgia

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,

Read more ...

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

Read more ...

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?

Read more ...

Driving Drunk Not Worth the Risk on Graduation Night

me georgia dui mickey robertsAt the age of 18, graduating from high school is usually the biggest accomplishment of a teens’ life up to that point, and prior to 18, getting a driver’s license is typically a teen’s biggest feat. Imagine you are graduating from high school. Completing thirteen years of school makes you feel carefree and eager to start the next phase of life, and your younger classmates follow your lead: taking advantage of every opportunity to party. Now, imagine graduation night: the ceremony concludes, you and your classmates proceed to the after party where there is alcohol.   There is so much to celebrate, and so much excitement about what the future holds.  The only problem with this picture is that you still have that teenage mindset that you’re invincible. When the end of the night comes, you become more concerned with meeting curfew than protecting yourself and others from the dangers of driving under the influence. You consider calling your parents for a ride home, but you’re too afraid to admit to them that you have been drinking. Your best friend is facing the same dilemma, but you both decide that you’ll be fine—you live just down the road. It’s the morning after graduation and the greatest party of your life. You pick up the phone to call you best friend to discuss last nights’ events. No answer.

Read more ...

Contact MrGADUI

Please leave this field empty.

Archives

Newsletter

Location

Disclaimer

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.
dui laws in georgia