Tag Archives: dui lawyer Duluth

2014: A Year in Review with Mickey Roberts, P.C.

December is often a time when we find ourselves in a sort of hibernation mode, confining ourselves more indoors and having more time to reflect on the passing year. As we head into 2015 I myself took some time to reflect and I am thankful: 2014 was a good year for my practice. Of the 62 cases closed this year, to date, of those were “DUI cases won”, while 16 cases resulted in guilty pleas; there were no guilty verdicts this year. I was geared up to go to trial for many of my cases but as circumstance would have it, it never came to that for various reasons including several cases being resolved without the need of a judge or jury!
There were several highlights that stick out in my mind, but I would like to share just a few with you:

Case of Year: The case of the year started out as a nasty case. My client was originally charged with DUI, fleeing, obstruction, reckless driving, and numerous other minor traffic offenses. He was stopped by Ga. State Patrol, forcibly pulled from his car and tasered. His shoulder was torn from its socket when officers strongly pulled him from the ground. Using the State Troopers reports and videos against them, I was able to obtain a dismissal on all counts, EXCEPT a no contest plea to failure to maintain lane.

This case, along with the more famous recent cases involving police brutality, shows the need for every police encounter to be videotaped, both for the citizen’s protection as well as that of the police officer.

Restriction/Expungements: I had 4 clients whose arrest records were restricted from public access after I filed actions under the new restriction law. If you have been charged and fingerprinted for any reason in the past, I will look into your case at no charge to see if you are eligible for restriction.

Drug Search Cases: I also handle drug possession cases and in 2014, I had 2 cases where a felony drug charge was dismissed because the search was illegal.

As I enter my 35th year of law practice, I look forward to continuing to aggressively defend your traffic law cases. Looking ahead to 2015, I am excited to begin taking on personal injury claims again and providing even more legal representation to clients. Be on the lookout for my new website, www.mickeyroberts.com, where I will be discussing additional traffic law topics coming in 2015!!

Without you entrusting me to help with your legal concerns, my practice would not be possible and for that, I am eternally grateful. Thank you for your continued support and here’s to another great year. I wish each and every one of you a very happy and prosperous New Year!

Why You Should Never Consent to a Search of Your Car

The 4th Amendment protects us from unreasonable searches of our bodies, homes and cars, among other things. There seems to be an epidemic of cases where police officers stop someone for a minor traffic violation, then pressures the driver into consenting to a search of their car.  Of course we only know of cases where drugs have been found; those are the cases we see in the appellate courts. Who knows how many times cops have searched vehicles and found nothing?

what to do if pulled over by police in Georgia

I am sure you have seen cars stopped by police while traveling on our expressways.  Because of my law practice, I pay particular attention when I see these instances; even though I may be traveling by at a fast speed, when I pass a stopped car and I see officers searching the car, I pay close attention. Many times, quite frankly, the drivers are either black or Hispanic.

No doubt these police officers are “profiling” drivers of color; they pull over the drivers on minor traffic offenses (or make one up), with the express intention of searching the car for drugs. This is the routine: cop pulls you over, say for speeding, takes your license, and after having checked on your license status comes back and asks if he/she can search the car for drugs. If you say “no,” the officer threatens you. The officer may ask you why you are exercising your rights, and ultimately will threaten to “bring the drug dog” if you will not give consent to a search.  Fortunately, the Georgia Appellate courts have sided with our Forefathers in upholding the 4th Amendment in these cases. In the past 12 months alone, the Georgia Appeals Courts have reversed 4 or 5 trial courts who have ruled these searches as legal. 

You might say, “Well I don’t carry illegal drugs in my car, so who cares?”  As a middle aged white male who doesn’t fit the profile of a drug courier, I really don’t have much expectation that a cop will ask if he can search my car.  But if you have children, and especially if you are black or Latino, the truth is that there is a high likelihood that at some point in time they will be stopped and will be asked to consent to a search.  

I recently won a motion to throw out such a search, where my 20 year old client was stopped for a brake light being out; she had not been drinking, nor was there any evidence which would have indicated she had any drugs in her car.  After 28 minutes of threats by the officer, who eventually called a drug dog, my client “consented” to a search.  A half pill of methadone was found in the car; this was a car that had been used by several members of her family, so in reality she did not know what was in her car.  Because the stop was for a brake light and because there was no probable cause to prolong the stop and ask for a search, the case was thrown out against my client.

In addition to DUI defense, I handle any case involving the stop of vehicles by police, including felony drug cases.  Hiring a qualified, knowledgeable DUI attorney can be very beneficial to winning your case.  If you are arrested for DUI or other serious traffic violations, contact me, Mickey Roberts, today. Also be sure to follow MrGaDUI on Facebook, Twitter, and Google+ for more traffic law updates and news.

4 Rules to Live By if You Are Stopped by Police: A New Spin

You probably know by now that as an experienced DUI lawyer, I am an advocate for simple tips that can save you a lot of trouble if you are ever faced with an under-the-influence dilemma. Due to changing conditions in the law world, I’ve revamped my 4 Simple Rules to reflect the best behaviors you can practice in a traffic stop. Though nothing is ever simple when it comes to traffic stops, these rules are proven to help.

what to do if pulled over by police in Georgia
  1. Never admit to drinking or anything else. This rule has remained constant throughout the years. This does not mean deny drinking, it means do not admit or deny drinking or anything else. If you admit drinking, then he or she should ask you what you were drinking, how much, and when. You help an officer tremendously in proving you guilty of DUI when you admit to having multiple drinks, regardless of any other evidence that would tend to prove you were not impaired. 
  2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary, but an officer doesn’t have to tell you as much. While he/she may show you how to do the evaluations, they never tell you exactly how they are “scoring.” If there is no video evidence, a cop can basically say anything in his report about how you performed on the evaluation. In fact, most DUI Task Force officers admit that they would not take the field sobriety tests if asked. Just say no.
  3. Invoke your 4th Amendment right against unreasonable searches. Though this only works in certain situations, you do have the right to refuse an unreasonable search.  There are current cases on appeal which involve the issue that a warrantless search of a person’s blood, breath, urine, so forth, may violate the 4th Amendment, and that the police can easily obtain a search warrant now, in a DUI case, for blood. Also, one should NEVER consent to a warrantless search of one’s car.
  4. If you take the State chemical test, always ask for an independent test of your “other bodily substance,” such as hair or saliva.  If you refuse to take the state chemical test, not only are you subject to losing your license for a full year with no permit, you may also have your blood drawn with the results being used against you. Once you do take the designated State tests, you are entitled to an independent test of your own choosing of your blood, breath, urine, or other bodily substances (such as hair or saliva). This way, the burden shifts to the officer to reasonably accommodate your request or the State test cannot be used against you.

Regardless of the situation at hand, do your best to remain focused on not providing evidence that would tend to prove your guilt of DUI.  For more information, contact me, Mickey Roberts. Be sure to follow me on FacebookTwitter, and Google+ for Georgia law updates and news.

Essential Tips for Encouraging Safe Teen Driving

While your teen is likely thrilled to obtain their driver’s license for the first time, it’s important to take this time to educate them on safe driving. Studies from the National Safety Council show that the most dangerous time of a teen driver‘s life is the first 12 months of having their license. In fact, this risk increases in the summer for a number of reasons.  Find out why below along with tips to help you encourage safe driving.

Essential Tips for Encouraging Safe Teen Driving

Set boundaries and curfews despite the season. While the school year is full of activities and curfews, things tend to loosen up around summer, leading to less restriction and more time out late with friends. One negative factor is that teens get less sleep, leading to more driving when tired (which some studies indicate is equally as dangerous as driving drunk). According to AAA research, the chances of being involved in a deadly crash doubles specifically for teens when driving at night, with more than half of nighttime crashes occur between 9 p.m. and midnight.

Remind them of the importance of the speed limit. While speeding in the warm summer air is tempting, one-third of all yearly traffic deaths in the U.S. are associated with driving over the speed limit. Adjusting speed for the current conditions and assuming hazards that may not be detectable yet can reduce the chance of accidents. I recommend having your teen place an object on their wrist such as a rubber band or bracelet), or on the steering wheel to remind them to look at their speedometer on a regular basis!

Put away your phone. While many parents preach the dangers of texting and driving to their teens, it isn’t convincing when you continue to use your phone yourself. It really can wait! The increase in distracted driving cases has greatly increased alongside the rise in popularity of smartphones. A common consequence of distracted driving is drifting off the side of the road or out of your lane, which causes drivers to overcorrect and in the worst of cases, flip their cars.

Take three seconds to fasten your seatbelt. This is another case of leading by example and not downplaying the importance of a seatbelt at all times. In addition to avoiding a citation, using lap/shoulder belts decreases your risk of being killed or seriously injured in a crash 45 to 50 percent.

Be open to honesty. Though the legal drinking age in Georgia is 21, it’s not uncommon for some teenagers to bend the rules. Let them know that in the event of them going against the law and drinking, it’s better to simply call for a ride than to risk getting on the road. This can not only save them from the possibility of getting a costly underage DUI, but from hurting themselves or others. Being grounded is better than being in jail, or worse.

The crash risk for young drivers’ does not begin decreasing significantly until age 25. Do your part by reminding your teen to always be mindful of driving safely. To contact a reputable lawyer in Georgia, contact me, Mickey Roberts. Be sure to follow me on FacebookTwitter, and Google+ for traffic law updates and news.

Are You a First Time DUI Offender? Here’s What You Should Do Next

Your first DUI arrest can be an anxious time. You have just endured being arrested, handcuffed and taken to jail—probably not the fun time you imagined upon heading out for the night. If you are wondering what typically happens in your case, let Georgia DUI attorney Mickey Roberts lead you to the path of successfully dealing with DUIs when it’s your first time.

arrested for dui First, it is important to hire an experienced DUI lawyer who has a reputation in the legal community as aggressively and successfully defending DUIs. It’s important to acquire a lawyer who also has long standing professional relationships with police officers, judges, and prosecutors.

When you were arrested for DUI, you should receive a citation for your DUI charges which will have your initial court date on it. You may also have received a “1205 form”, which is a 30 day permit to drive and is also notice that the State will try to suspend your license BEFORE your court date.

Once you have hired an experienced lawyer, a “10 day” letter will be sent to Driver’s Services immediately, which will keep your license valid past the first 30 day period. Additionally, an “open records request” to the State will be sent, requesting all of the evidence they have that relates to your case. Once the evidence is received, a report which outlines any possible defenses and the recommendations on how to proceed with your case will be sent. The initial goal of your lawyer is to look for any possible means to win your case, giving you enough information upon which you can make an informed decision on how to proceed.

At some point in time you’ll be given several options, which will include pleading guilty, pleading to a “lesser offense”, or fighting your case with either a bench or jury trial.  Mickey Roberts can help you make a decision by also providing you with information relative to license suspension, possible sentence and possible ramifications with changes to your driving record and license, insurance, employment loss.

Not only can hiring a qualified, knowledgeable DUI attorney be beneficial to winning your case, it can also make the process less confusing. If you are arrested for DUI or other serious traffic matters, contact MrGaDUI today. Also be sure to follow Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

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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 lawyer Duluth