Tag Archives: Georgia DUI

Vehicular Homicide Continued: Misdemeanor, Feticide, & Serious Injury Crashes

Last month, I filled you in on the ins and outs of felony vehicular homicide. To recap, determining felony vehicular homicide depends largely on the traffic violations committed, including reckless driving, DUI, fleeing/eluding, and leaving the scene of the accident. Generally, if found guilty of felony vehicular homicide in Georgia, you can expect a punishment of 3 to 15 years in prison, though habitual violators can face up to 20 years.

As a seasoned traffic and DUI lawyer in Georgia, I have experience in defending cases involving other facets of vehicular homicide outside of felony, including misdemeanor, feticide, and serious injury crashes. All of these classifications have varying implications, but all involve a driver’s actions as the proximate cause of death or cause of serious injury. Vehicular homicide in the 2nd Degree is known as a misdemeanor. In Georgia, any person who causes the death of another person as a result of traffic violations other than the felony predicate offenses commits this offense.

For example, if you were to run a red light, crash into another car, and cause the death of another person, it would be classified as vehicular homicide in the 2nd Degree.  To be found guilty of misdemeanor vehicular homicide, the judge or jury is required to find that the person committed a traffic offense other than the felony vehicular homicide predicate offenses. Subsequently, it must be found that the person’s unlawful acts were the proximate cause of death. For this offense, you can be sentenced to a maximum of 12 months.

Another aspect of vehicular homicide is feticide by vehicle. The elements and punishment for felony feticide by vehicle are the same as felony vehicular homicide, with the same rule applying to misdemeanor vehicular homicide. Feticide by vehicle is defined as causing the death of an unborn child, at any stage of development that is carried in the womb, within a car crash.

Lastly, any person who brings about serious injury to another person as a result of reckless driving or DUI commits the offense of serious injury by vehicle. “Serious injury” is defined as “depriving a person of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage, which renders the body or any member thereof useless.” In order to be found guilty of serious injury by vehicle, the judge or jury must find that the person committed either reckless driving or DUI. Subsequently, they must find that the person’s unlawful acts were the proximate cause of serious injury. This offense is a felony that comes with a sentence from one to 15 years in prison. If convicted of serious injury by vehicle, the person will face 3 years of driver’s license suspension, no work permit available.

Navigating the various facets of vehicular homicide and serious injury crashes can be daunting and often times confusing. If you find yourself in any of the situations described, I urge you to contact a professional to aid in your case. 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.

Source Code Defense Dead For DUI cases?

Recently, the Georgia Supreme Court has resolved the source code issue brought up with Cronkite v. The State case. DUI defense lawyers in Georgia have been filing motions to secure out-of-state witnesses from CMI Alcoblow Breath Test to bring the source code software to Georgia for inspection of errors and flaws.supremecourtsteps

The source code is the software that operates the Intox. 5000 breath test, which measures an individual’s blood alcohol content. To get an order for an out-of-state witness, the proponent of the subpoena must show that the witness is a “material witness”.  A material witness is defined as “a witness who can testify about matters having some logical connection with consequential facts”.

The Supreme Court holds that, in order to show that the out-of-state witness who was to provide testimony regarding the source code was a “material witness” in this case; Cronkite was required to show the witness’ testimony regarding the source code bore a logical connection to facts supporting the existence of an error in his breath test results.

In other words, the Court places the burden on the Defendant in a DUI case to show facts which would support the existence of a possible error in his specific breath test results.

How in the world a Defendant would ever be capable of doing that is beyond me, and apparently is beyond the folks down at the Ga. Supreme Court as well.

To learn more about DUIs, or if you are in need of legal representation for other traffic violations, please contact MRGADUI. Don’t forget to connect with attorney Mickey Roberts on Facebook, Twitter, and Google+ for the latest DUI news.

Celebrate July 4th with Fireworks, Not Jail Time

The Independence Day holiday is upon us and many are anxiously counting down the days until the celebrations begin.  Whether heading out for a day on the lake, fireworks in the park or barbecues with friends and family, the Fourth of July means stars, stripes, food and alcohol.  When the festivities are over and it’s time to go home, it is important to know how your body is affected by alcohol to avoid DUI and spending the remainder of your holiday in jail.zero tolerance georgia

With many travelers on the road this summer, especially during the holidays, the Georgia Governor’s Office of Highway Safety (GOHS) announced that the state-wide Operation Zero Tolerance campaign has once again been launched.  Operation Zero Tolerance targets drivers suspected of driving under the influence of drugs and/or alcohol by increasing patrol and sobriety checkpoints now through July 7th.  Stating that the Fourth of July is one of the most dangerous holidays on Georgia roads, GOHS cited 88 alcohol-related crashes during the July 3rd-5th period in the past two years and believes that the campaign will make drivers think twice about driving after they have consumed alcohol.

In Georgia, the legal limit for blood alcohol content (BAC) is .08 for adults and .02 for individuals under 21.  As discussed in a previous blog, understanding more about blood alcohol content and how it affects each individual differently is important to keep in mind as age, gender, weight, metabolism, type and number of drinks consumed are all key factors in how a person may be influenced by alcohol.  A standard drink is considered any drink that contains .06oz. or 14 grams of “pure” alcohol, which can be found in 12oz. of beer, 8oz. of malt liquor, 5oz. of wine or 1.5oz. (or single shot) of spirits or liquor.  Even if you don’t think you are showing signs of impairment or feeling intoxicated after one or two standard drinks, your BAC could say differently.  If you find yourself being suspected of DUI this Fourth of July, remember the 4 simple rules when stopped by a police officer.

If you are arrested for DUI or in need of legal representation for other traffic violations, please contact MRGADUI.  Be sure to connect with attorney Mickey Roberts on Facebook, Twitter, and Google + for the latest DUI news.

View MR GA DUI YouTube Channel for Helpful Traffic & DUI Information

Atlanta DUI and traffic defense attorney, Mickey G. Roberts has been representing clients for more than 30 years. Although he frequently provides counsel for DUI cases, he also represents those charged with other traffic offenses including reckless driving, vehicular homicide and possession of illegal drugs.youtube

As laws can often be hard to understand, Mickey is dedicated to providing his clients with clear, concise information.  Through his MR GA DUI  website and frequent presence at local events, he shares with others his knowledge about Georgia’s laws and drivers’ rights.

Mickey Roberts’ YouTube channel features short videos answering your frequently asked traffic and DUI questions.  Video topics include “what to do if stopped by the police” and “what are the standard field sobriety tests?”.  During his short, 2 minute videos, he’ll briefly explain and discuss these hot topics. Be sure to check back often as Mickey adds educational driver information.

Continue reading MR GA DUI’s blog for the latest news about Georgia traffic laws. You can also connect with him on Facebook, Twitter and Google+ for information on driving issues.   You can also submit questions you’d like to have Mickey answer in one of his educational videos by contacting one of his social media profiles.

How Motions Can Win a DUI Case

There are many ways of winning a DUI case, and one way is to fight the case with “motions”. Motions are pleadings filed with the court asking it to throw out the case entirely or limit evidence that the State can use against the defendant.

The most common motion I use is called a Motion to Suppress.  This motion serves 3 purposes. First, it could possibly win the entire case, such as when the court rules the stop illegal. Second, it allows me to cross examine the cop to see if he/she can actually articulate why the defendant was arrested for DUI, whether they followed their training, and so forth. This is especially important in cases where there is no video of the arrest. I can cross examine the officer and many times show the State that the officer did not follow basic operating procedures for a DUI arrest, or doesn’t make a good witness.  Finally, sometimes the officer fails to appear for the hearing and the case gets thrown out.

One of my most recent cases shows the importance of motions: my client was stopped for weaving, supposedly failed all of the field sobriety tests, and registered a BAC (blood alcohol content) of .08 on the breath test. At the motions hearing, the officer was unable to remember or articulate my client’s physical appearance, could not articulate how he administered the field tests, and most importantly, NEVER testified that he read the implied consent warning (the warning needed as a prerequisite BEFORE admission of any State breath test). As a result the .08 was excluded from evidence. After the hearing, the State approached me and offered a dismissal of the DUI in return for a plea to reckless driving. My client readily accepted the reduced charge, and the case was over without the further expense of a jury trial for my client.

Motions are an important tool in aggressively defending DUIs, and any good DUI attorney should use motions on most DUI cases.  To learn more about the DUI defense and other traffic related services I offer visit my website and continue to read by blog.  Connect with me on Facebook and Twitter for access to the latest traffic offense news and updates.

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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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