Tag Archives: Gwinnett DUI

So You Got a Ticket Out of State: What You Need to Know

Summertime usually means traveling to the beach or mountains or lake. If you are planning on driving out of the state this summer, here are some scenarios to think about:

  1. Your teenager gets an out-of-state speeding ticket in Gulfshores, Alabama. How does that affect his/her license in GA?

If the speed is high enough that it would suspend the license in Georgia, then the Georgia license will eventually be suspended. If the offense is one that would suspend the license in Alabama, then the Georgia license will also eventually be suspended, and your teen will have to reinstate driving privileges in Alabama BEFORE getting their Georgia license reinstated.

  1. You get a DUI in Florida, and you have a Georgia license.

If you are convicted of Driving Under the Influence (DUI) in Florida, your Georgia license will be suspended. You will NOT be able to get a limited permit to drive to work, and you will only be able to get license reinstatement in Georgia once you have satisfied Florida’s reinstatement provisions.

  1. You receive a ticket out of state which can suspend a driver’s license either in the other state or Georgia.

Your Georgia license will be suspended and you will not be able to get Georgia license reinstatement until you have satisfied all the issuing state’s reinstatement procedures. For some reason, many folks think that an out of state ticket has no bearing on their GA license. Unfortunately, this is not accurate. Therefore, you should call or email me, Mickey Roberts, PC, if you or your family member receives a ticket out of state.

Georgia Drivers Have a New Way to Be Haunted by Prior DUIs

There are many reasons why a Driving Under the Influence (DUI) conviction can be disastrous. Besides the immediate consequences of license suspension, jail, probation, community service, etc., a DUI conviction ALWAYS stays on your driving and arrest records. While some drivers already know that a prior DUI conviction can result in a harsher sentence for any future DUIs, there is another, lesser-known reason why you don’t want a DUI conviction: if you are arrested for a subsequent DUI, the prior DUI conviction MAY be introduced into evidence at trial against you.

Georgia is one of the few states (potentially the only state) that allow such evidence, which used to be known as “similar transaction evidence”. That is because a prior criminal conviction generally is only admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.  And since DUI is not a crime where someone specifically intends to drive while impaired, (unlike, say, a crime spree where someone robs several banks), most states have ruled that prior DUIs are just not relevant to a current DUI charge.

Oh, but not Georgia, where the Constitution seems to apply to every citizen except those charged with DUI!  In the recent case of State v. Jones, decided on June 1, 2015, the Georgia Supreme Court held that prior “other acts” evidence (the new name for “similar transaction evidence”) IS admissible for the purpose of showing a general intent to drive while either impaired or over the legal blood alcohol limit.

So, when charged with a first time Georgia DUI offense, it’s wise to hire an experienced traffic attorney specializing in DUI defense to try to fight that charge as aggressively as possible in hopes of avoiding a conviction, because if convicted, the DUI stays on your record forever and can come back to haunt you should you ever receive another DUI arrest.

Fast Facts about Alcohol

When many people hear about DUI charges, they often have the misconception that only heavy drinkers need to be concerned about the possibility of one day facing a DUI charge. However, any driver can be forced to defend themselves against an accusation of a DUI. Throughout my 35 years of legal experience, I’ve noticed that many DUIs are the result of a simple lack of information, whether it’s a misunderstanding about how much of an effect alcohol can have on the brain, or an underestimate about the dangers of driving drunk. To help Georgia drivers develop a better understanding of alcohol and its effects, I’ve compiled some quick facts and statistics that can help you become a safer driver.

gwinnett dui attorney

There’s no question that drinking and driving can have real and powerful consequences. But similarly, drunk drivers aren’t the only ones who find themselves in defense against a DUI charge. The best step any driver can take is to be knowledgeable about their rights. To learn more about your rights as a Georgia driver, explore my website or join me on Facebook, Twitter, and Google+, or contact me to schedule an appointment regarding you DUI or traffic law case.

Researchers Open Up Possibility of Roadside Breath Testing for Drugs

In the state of Georgia, anyone suspected of DUI is subject to a number of field sobriety tests to determine whether a driver is unfit to operate a vehicle.  While most people may associate a DUI with alcohol consumption, it also includes the use of drugs.  With breath tests as a frequently used roadside test to determine an individual’s blood alcohol content detected in the breath, there has not been a similar device to determine the presence of drugs, until now.Police Officer - Eye Coordination

A group of researchers from the Karolinska Institute in Stockholm, Sweden conducted a study proving illegal substances such as cannabis, cocaine and amphetamines can be detected in the breath, opening up the possibility of a roadside drug breathalyzer test.  47 participants who had used drugs in the previous 24 hours submitted blood, breath, plasma and urine samples.  The breath samples were collected using a small portable breath sampling device that consisted of a mouth piece and a micro-particle filter.  Tiny particles that carry non-volatile substances (a substance that can’t be changed from a solid or liquid into a vapor) and have been inhaled or consumed contaminates the airway lining fluid and are subsequently passed through open airways when exhaled, trapping the micro-particles in a filter that can be sealed and stored for testing.

Similar to field sobriety tests conducted in DUI cases, drug tests may be administered roadside using the same breath test method.  With the possible drug breathalyzer test, police will be able to detect drugs and convict drivers of a DUI if drugs are present in their results.  As a Gwinnett traffic attorney with over 18 years of experience representing clients for DUI offenses, Mickey Roberts often reminds his clients to follow the 4 simple rules to understand their rights and to avoid incriminating themselves.

To learn more about the latest news on DUI and traffic laws, visit the MRGADUI blog.  To inquire about legal representation for traffic offenses, contact Mickey G. Roberts today.  Also be sure to connect with Mickey on Facebook, Twitter and Google+.

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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.
Gwinnett DUI