Tag Archives: Duluth GA DUI attorney

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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Designed to Fail? MR GA DUI Advises Against Submitting to Field Sobriety Tests

If you own a MR GA DUI koozie or read his blog, you’ve probably heard that he suggests not submitting to field sobriety tests when stopped by the police for driving under the influence. While experienced DUI attorney Mickey Roberts has been advising clients and Georgia drivers not to submit to field sobriety tests for years, an investigative reporter for Atlanta’s Channel 2 Action News, Richard Belcher, further solidified Robert’s advice in a recent news story. Belcher spoke with police officers, as well as Dr. Spurgeon Cole, a retired psychology professor from Clemson University, who has been studying field sobriety tests since the 1980s shortly after the tests were first instituted. Cole told the Channel 2 reporter that when these tests were designed, police incorrectly identified 47% of the drivers as intoxicated during trials. However,

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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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Case of Month February 2011

This month’s case is the prime example of why you should never do the voluntary field tests.  My client was stopped in Doraville for allegedly running a red light.  He was stopped by Doraville’s top gun DUI cop and refused all field tests, which infuriated the cop.  Luckily the stop was captured on video and showed my client’s speech as normal and his walk to be steady.  The client did not appear impaired on the video. The other correct thing the client did was not taking the breath test at the jail; in this case the cop went ahead and proceeded with license suspension; however we were able to get the case tried in Doraville quickly so that my client’s license was suspended for only a couple of months. At trial, the cop was unable to articulate why my client was rendered incapable of driving safely due to alcohol, primarily because my client looked good on the video and because my client didn’t provide evidence which could have incriminated him.  My client was found NOT GUILTY of DUI! Remember, you should always exercise your right not to provide evidence against yourself in a criminal case; We still have the shelter of the presumption of innocent until proven guilty beyond a reasonable doubt.  Make the State prove their case!!

What does “under the influence” mean?

It’s common to hear commercials and prosecutors using the words, under the influence, to define DUI.  But what does “under the influence” really mean?  First, I’ll tell you what it doesn’t mean: slurred speech, unsteady walk, and failure to stand on one leg without using your arms for balance.  The Legal meaning of under the influence is that a driver is “less proficient, less skillful, less coherent, less able,  and less efficient to drive a car.”   Most of us can readily tell when someone is under the influence, then, can’t we?  Most of us don’t need to see if a person can walk a straight line, stand on one leg, or have that person blow into a computer; we can tell and we know.  Next time  someone uses the phrase, “under the influence” ask them exactly what they mean by that term.  If they don’t say something along the lines of “a person is incapable of driving a car safely”, then you know that they don’t really know the meaning of “under the influence”.

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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.
Duluth GA DUI attorney