Tag Archives: georgia dui lawyer

Georgia Driver’s License: Right or Privilege?

There’s nothing quite like the feeling of driving a car for the first time by yourself as a teenage driver: you’ve completed numerous hours of driver’s ed., passed the written test and aced the driving portion – congratulations, you’re a licensed Georgia driver!  What seems like a rite of passage for individuals over 16 year of age is considered a “driver’s privilege” in the eyes of the law when licenses are issued.  This means that what the State giveth, it can also taketh, and yes, they will suspend your license for a number of reasons.  I would like to share with you five examples (of course the list isn’t limited to these five) of such reasons that can lead to a Georgia license suspension:

    Georgia Drivers License Right or Privilege
  1. DUI: driving under the influence (DUI) is one of Georgia’s most common traffic offenses.  This means that if you are pulled over by a cop, consent to field sobriety tests , and consent to a breath test that show your blood alcohol concentration (BAC) is over .08 grams (.02 for under 21 drivers), then you can be convicted of DUI and your license suspended for a predetermined period of time.
  2. Too many points on your driving record: certain traffic convictions carry point values.  For instance speeding ranges from 2-6 points, depending on your speed, while unlawfully passing a school bus is 6 points.  If you accumulate a certain total of points in a short period of time (it’s dependent on your age and point value assigned to a specific conviction), then your license can be suspended.
  3. Hit & run: this refers to hitting another vehicle and driving away before the accident has been reported.  This is considered a serious infraction as it implies that you consciously chose to drive off and as a result, hit and runs are considered a mandatory suspendable offense.
  4. Failure to pay child support: if you have been mandated by the courts to pay child support and fail to do so, your name is added to a state-wide certified list of all persons in violation (this list is updated monthly).  If you have accumulated over 60 days’ worth of not paying then a licensing agency/department has the right to withhold your license until payment is made.
  5. School attendance: a teenage driver under the age of 18 can have their license suspended for several reasons including, dropping out of school without graduating, having 10 or more unexcused absences in an academic year or pleading guilty to a number of offenses (such as drug or weapon possession, causing bodily harm to students/teachers, etc.).  Conduct infractions can lead to a one-year suspension or until the minor has turned 18.

As an experienced traffic and DUI lawyer, I not only defend people who have had their license suspended because of traffic offenses but I also help get license suspensions revoked.  Give me a call or contact MrGaDUI today if you have recently had your Georgia license suspended.  For more on the latest updates in DUI or traffic law, stay connected with me through my Mickey Roberts, P.C. Facebook, Twitter or Google+ page.

Why the Georgia State Patrol is Asking You to Speed Up (No, Really!)

“But officer, I was going the speed limit!”

Since July 2014, this has likely been the sentiment echoing through the ears of many Georgia State Patrol officers—but not for the reason you’d expect. While many speeders wrongfully use this excuse while going well over the speed limit, it could now be due to getting pulled over due to the new “slowpoke” law.

The law was passed by state legislature in efforts to reduce the amount of drivers who obstruct the flow of traffic in the passing lane.  By doing so, officers claim to decrease the possibility of “road rage” and accidents associated with slow drivers by moving them out of the left lane away from fast moving traffic and even speeders likely to be clocked by an officer’s radar gun.

If weather or traffic conditions make it necessary to stay in the left lane or you must be in the passing lane to exit the roadway or turn left, you’ll likely be excused from having to move out of the fast lane.

As of November 2014, the Georgia State Patrol has issued well over 100 citations. Officers report that it is extremely simple to spot drivers who do not move over while drivers pile up, just trying to pass them. While certainly frustrating, it is interesting that a law has been passed for this type of behavior since speeders (which are far more dangerous to other drivers) likely will get more attention. Regardless, it’s important to follow enforced laws when driving on the highway and pay attention to your role among other drivers. As an experienced  traffic and DUI lawyer in Georgia, I see many drivers involved in accidents simply for not paying attention. I recommend for this never to be the reason you are dealing with traffic trouble in court.

What do you think of the new slowpoke law? Did you even know it existed? Head over to my FacebookTwitter, or Google+ and comment to let me know. For help with your own DUI and traffic law cases, please contact me, Mickey Roberts.

March’s Case of the Month: How an Underage DUI Became a Simple MIP

This month’s case shows the value of having an experienced DUI attorney who has a reputation for aggressively defending cases.  In an Athens-Clarke County case, my UGA student client was in a Pre Trial Diversion for a previous Minor in Possession (MIP) of Alcohol charge when he was arrested by Athens police and charged with DUI.

case of the monthSo now, he had a DUI charge and the old MIP charge pending in Athens. Unsurprisingly, the police report had my client as being intoxicated, but after reviewing the video, I thought otherwise of the evidence.

The cop had stopped my client for a broken taillight, yet the cop was approaching my client, and it would have been extremely difficult for the cop to actually see a broken taillight. The video revealed my client’s physical appearance to be normal. My client denied drinking and refused a breath test after arrest. Any clues on the Field Sobriety Evaluations were minimal.

Nonetheless, because the client was under 21 at the time of the arrest, any evidence of him having consumed alcohol could have resulted in a guilty verdict. We employed the use of an expert in Field Evaluations who agreed with me that the evidence was slim and was known and respected by the prosecutor. Eventually, we negotiated a plea to 2 MIPs, allowing my client to continue driving and to not have a DUI conviction on his record.

One more thing: We structured the plea so that the MIP pleas would not result in a suspension of client’s license. (He could have had a 1 year suspension!)  It is important that a traffic lawyer knows how to structure pleas for the best possible outcome, and this means the lawyer must have a thorough knowledge of Georgia Traffic Laws.

If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

New Practice Area: Criminal History Restriction

arrested for duiDo any of the following categories apply to you after being charged with a crime? You…

  • Were found not guilty
  • Had your case dismissed
  • Entered into a first offender type plea
  • Were under 21 at the time of the charge


If any of the classifications above pertain to your case, you’ll want to talk to Georgia DUI attorney Mickey Roberts about the new Georgia “Restriction” Law. The law was formerly known as expungment, a process whereby a person’s criminal arrest is deleted. In most States expungment is not available for a DUI arrest; however, involving an experienced attorney can make all of the difference in finding success from your case.

The new Georgia “Restriction” Law enables you to, under certain circumstances, go back and have your arrest restricted from public access or corrected if it is showing an incorrect disposition. You may also be able to get court and jail records sealed.

Recently, I have been able to get a 2002 DUI arrest record restricted from public access, diminishing the possibility of the past creeping into your present and getting in the way of your opportunities. Additionally, I had a record corrected, enabling my client to either obtain the record or have it restricted, allowing them to at least be able to show employers that the underlying DUI in the case was dismissed.

Don’t let your DUI obstruct your career path. Contact Mr. GA DUI today. Also be sure to follow me, Mickey Roberts on FacebookTwitter, and Google+ for more traffic law updates and news.

DUI Defined: What is a DUI in Georgia?

There are many types of DUIs (driving under the influence) in Georgia, but the most common type is that a person is “driving while under the influence of alcohol or drugs.”

Police Officer - Eye Coordination

What does it mean, legally, to be “under the influence?” Firstly, it means that you are less safe to drive than if you had not consumed alcohol or drugs. But, hey, that depends on the person’s tolerance, right? So, according to the Pattern Jury Charges that judges in Georgia read to jurors before deliberating, this is what “less safe” means:

A person is less safe to drive when that person is less efficient, less skillful, less coherent, less able, and less proficient to drive a car.

Take notice: there is nothing that describes “less safe” as having your eyes jerk (examined by the Hortizontal Gaze Nystagmus (HGN) test) or performing gymnastic floor exercises recognized as field sobriety tests.  There is no indication about bloodshot eyes, slurred speech, or the smell of alcohol. The definition also does not mention anything about alcohol or drug blood levels.  The definition has to do with whether a person’s fine motor skills have been affected so much that they cannot effectively drive a car.

So, the next time you are on a jury and are asked to decide if someone was the DUI-version of “less safe”, remember the context of driving ability. Is there evidence that the person was able, efficient, skilful or proficient while driving the car? Or is there simply collateral evidence that may or may not have anything to do with actual driving skill?

If you are arrested for DUI or other traffic violations, contact Mr. GaDUI today. Also be sure to follow me, 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.
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