Tag Archives: georgia DUI laws

Why Every DUI Arrest should be Aggressively Defended

This past week I had 2 cases that exemplified why every DUI arrest must be aggressively defended. By that, I mean that a qualified, experienced DUI attorney should look at both the Defendant’s evidence and  the State’s evidence before making a decision to plead guilty.  A guilty plea to a DUI stays on your criminal record and driving record for life, and carries not only a social stigma but can  prevent a person from obtaining employment. Case 1: Client supposedly backed into a car in the parking lot of a bar, although there was no damage to either car. My client suffers from anxiety disorder which causes her to vomit when placed under stressful situations. The police officer reported that my client’s speech was slurred, that she was unsteady on her feet, and that she had vomited in her car. Additionally, his report said she refused to do any field tests and refused the State breath test. The prosecutor would not dismiss or reduce the case, so we set the case down for a bench trial. By fully investigating the case, I learned that even though my client did originally refuse the State breath test, at the jail she told the sheriff’s deputy that she would take the test, but the arresting officer refused to let her take the test, violating the law. The arresting officer failed to put that in his report, however. By having the sheriff’s deputy appear and tell the prosecutor what had happened, the prosecutor agreed to dismiss the DUI. This was extremely important to my client as she was an employee for a public school system. Case 2:  Client was involved in a one car accident when a deer ran in front of him. No one witnessed the accident. He called his girlfriend to pick him up from the scene. About an hour later, Suwanee Police showed up at his house, had him perform field tests, arrested him for DUI, and he agreed to a State breath test, which registered .14. However, the client, as well as his girlfriend, both testified that the client had drank after arriving home. In addition the breath test was administered more than 3 hours after the accident. The State eventually agreed to dismiss and reduce to reckless driving. At first glance, it would have appeared to be an impossible case to defend, with the accident, performance on field tests, and a .14 breath test. So next time you hear someone say that they were arrested for DUI and are planning on pleading guilty without talking to a DUI lawyer, try to convince them to call me!

One Bad Decision Causes Harsh Consequences for Atlanta DUI Woman

atlanta dui consequencesLinda Lisska McJunkin had it all, and in a split second it was gone.  A well-known high school and college athlete with two degrees from Georgia Tech, a loving family, and a brand new real estate license to top it all off, Linda made a single bad decision in October 2004 that affected every decision she’d made prior.  After consuming four drinks out celebrating with friends, Linda drove drunk into head-on traffic and took two lives. Pleading guilty on two counts of vehicular homicide in Atlanta, she was sentenced to serve 15 years in prison. Released recently on parole for good behavior, she’ll spend the remainder of the 10 years on parole and 5 years remaining on probation.

Last month, Linda spoke publicly, for the first time since she was released from state prison, to a group of GA Tech student-athletes.  In a word, Linda could be described as humbled. The AJC quoted her saying, “I don’t think there’s a part of me that isn’t different.”  With college diplomas and real estate license in one hand and felony charge in the other, Linda now works retail for hourly wages.

As an Atlanta DUI lawyer, I hear stories just like this one all too often. When you hear a story like this on the news, it’s natural to think the worst of the driver who drove drunk and killed people. It’s devastating.  In no way am I defending Linda or saying what she did was right.  The point I’m trying to make is that before that October night, Linda was a regular person.  Just like you.  Just like me. She had everything going for her.  After a night out with friends, her main concern (consider it selfish or human nature) was getting home because she had to work the following morning.  She didn’t think about what could happen in response to her DUI in Atlanta; she really didn’t think at all.

People make the same mistake Linda made daily; the only difference is that Linda didn’t get away with it like so many others do. Drunk drivers get behind the wheel thinking they’ll be fine, they’re just going right down the road, and it’s no big deal.  Just ask Linda, vehicular homicide is a huge deal, which means even driving “tipsy” is a big deal.  So next time you consider driving, even just the least bit impaired, think about Linda’s story.  Think about Linda’s daughter and the years of her life that Linda missed while she was in prison.  Think about the two families who lost their sons in the accident.  Just think.

For more information on me, Mickey Roberts or MR GA DUI, visit my website and keep reading the blog.

Case of the Year 2010

2010’s Case of the Year was one of  45 wins out of 76 total disposed cases, which also included 0 guilty verdicts.  It just goes to show that an aggressive defense is the best offense when charged with a serious traffic offense such as DUI.

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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.
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