Tag Archives: MRGADUI

Holidays Bring Increased DUI Enforcement

In the midst of the holiday season filled with friends, family, food and parties, it’s easy to get caught up in the festivities. Since holiday parties typically involve drinking, Atlanta DUI defense attorney Mickey Roberts wants to remind everyone that law enforcement will be out in full force on the roads, stopping drivers for suspected DUI as part of Georgia’s Operation Zero Tolerance campaign.

Being charged with a DUI can be difficult since, without the proper representation, it can lead to an unfortunate outcome. As seen in previous blogs, the 4 simple rules can help drivers avoid incriminating themselves during field sobriety tests or verbal interrogations. Of course a qualified attorney can defend you if you are charged with any violations, but it is best to avoid the situation altogether, especially during the holidays. Holidays Bring Increased DUI Enforcement in Metro Atlanta GA

According to the latest statistics published by the National Highway Traffic Safety Administration, 2,597 people were killed in traffic accidents in the U.S. during December 2010. 775 of those vehicular homicide cases involved alcohol-impaired drivers. If you insist on drinking, then set up other travel alternatives and be wise about consumption so you can be sober once you get ready to leave.  Drink in moderation and eat enough food since the consumption of food will delay the absorption of alcohol so the alcohol can be processed over a longer period of time. However, keep in mind that alcohol metabolism is a complex process that is dependent on many factors such as a person’s gender, body weight, and hydration.

Like many states, Georgia will offer free sober rides on New Year’s Eve sponsored by the Governor’s Office of Highway Safety. Other organizations, such as AAA will also offer designated driving services. With the heightened enforcement and zero tolerance, drivers should never take any chances. If you do not have a designated driver, be sure to take advantage of ride programs, use public transportation, or hire a cab to take you home safely.

Attorney Mickey Roberts has seen many drivers’ holidays take an unfortunate turn due to drunk driving or vehicular homicide charges. He urges all drivers to drive carefully and make wise decisions to avoid being arrested for DUI. If you have been arrested for DUI or other violations, contact Mr. GaDUI today. Also be sure to follow him on Facebook, Twitter, and Google+ for more traffic law updates and news.

Remember the 4 Rules If You Are Pulled Over

mrgaduiWith the upcoming holidays, law enforcement will be out in full force, stopping people for suspected DUI.  Just recently, a local news anchor, Amanda Davis of Fox 5 News, was arrested after a wrong-way crash and charged with driving under the influence, reckless driving, and failure to maintain lane. what to do if pulled over by police for drinking and driving

When Davis was asked by the officer if she had been drinking, she said yes – not following rule number 1 of the 4 simple rules to remember when stopped by the police.  However, she did refuse a breathalyzer test and field sobriety test.   As you may have seen in previous blogs or on a MRGADUI koozie, I want to remind everyone of the 4 simple rules:

  1. Never admit to drinking or anything else. This does not mean deny drinking, it means do NOT admit or deny drinking or anything else. You do not have to provide any evidence that may incriminate you.
  2. Do not submit to any roadside field sobriety evaluations.  Roadside tests are voluntary and can include an eye test, walking a straight line, standing on one leg, ABCs, and/or a portable breath test.
  3. Do not take any state tests after your arrest if you believe you might be over the legal limit of .08 limit.
  4. If you are under 21 and receive a traffic ticket, call me! Since many traffic violations in addition to DUI can result in license suspension for underage drivers, it’s best to contact me to see whether your license is subject to suspension.


* 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.

Contact me if you need DUI help or have questions about another traffic offense.  Don’t forget to connect with me on Facebook, Twitter, and Google+ for the latest information about traffic issues and driver’s rights.

License Information for New Georgia Residents

Georgia law requires an individual to apply for a Georgia driver’s license if they have resided in the state for more than 30 days. Although it is sometimes difficult for law enforcement to prove, it’s crucial to obey the law to avoid unnecessary stops. The process of transferring your license from out-of-state to Georgia is relatively simple. If you have a valid driver’s license or a license that expired less than two years ago, you can go to a local Department of Driver Services (DDS) location to receive a Georgia license. You will be asked to surrender your current license and provide proof of residency, identity, and citizenship.

If your license has been expired for less than 2 years, in addition to the information noted above you will need to take the vision exam at your local DDS.  If your license is expired for more than 2 years, you will also be required to take the written, road and vision exams. If you have lost or misplaced your out-of-state license, you will need to present an original letter of clearance or certified driving record from the issuing state at the time of application.

It’s important to note an expired or invalid license is not the same as a suspended license. Getting caught with an expired license is a lesser offense than driving with a suspended license, although law enforcement can tow your car if they decide to.  Driving on a suspended license can get you arrested and your car impounded.

Don’t forget to join me on Facebook, Google + and Twitter for more information about Georgia driving laws.

Full Disclosure? Not for Georgia Breath Tests

Many of our government officials love the term “full disclosure” these days. Another word they like to use is “transparency”. Yet, the Georgia  Supreme Court doesn’t believe in transparency or full disclosure when it comes to breath tests. Take the recent case of Padidham v. State, decided May 7, 2012.

Let me set the scene. In Georgia, when you are arrested for DUI, the officer reads you the Implied Consent Warning (ICW), where he basically informs you that “Georgia law requires you to submit to a test of blood, breath, urine or other bodily substance to determine if you are under the influence of alcohol, but you can refuse to take such test(s). The refusal can be used against you in court, and that if you do take the test(s), you are entitled to additional independent tests of your choosing.”

Logic would tell us that it would help to know the results of the “State” test BEFORE deciding whether to get an independent test or not. For instance, if the State breath test showed a blood alcohol content of .08, .09, or something close to the limit, you might want to ask for a blood test or another type of test.

It would be very easy for the police to let you know your results immediately after submitting to a breath test as the machine prints out copies of the results immediately after you blow into the machine. However in Padidham, our Georgia Supreme Court holds that ALL an officer needs to do is inform you of your right to an independent test. The police do NOT need to tell you your actual test results. Once again this brings to mind the saying, “good enough for government work.”

To learn more about DUI and traffic violation defense, read our blog and connect with us on Facebook, Twitter, and Google+.

Radar Speed Detection Reinstituted in Gwinnett as Traffic Fatalities Jump

Have you recently noticed more police out in Gwinnett County using radar guns to catch speeders? In January 2011, only one year after the state of Georgia instituted the super speeder law, the option for Gwinnett County police and many city police in Gwinnett to use laser and radar speed detection was revoked due to an unresolved conflict between the county and city governments.

Although Georgia State Patrol could still use radar and laser detection to track drivers’ speed and Gwinnett police were able to catch speeders by pacing drivers, this revocation surely affected the number of speeding citations issued. According to an article in the Atlanta Journal Constitution, Gwinnett County police alone issued 29,000 speeding citations in 2010, and three-fourths of these citations were determined through the help of laser and radar gun detection.

In February 2012, the conflict was finally resolved and radar guns were returned to Gwinnett police. The police influenced by the dispute reported they operated just fine without the radars, but were definitely glad to have them back. They believe drivers are more likely to slow down if they know police are on the roads clocking their speed. With recent car accidents earlier this month resulting in three traffic fatalities over the span of five days in Gwinnett, you can probably expect to see even more police on the road.

On Friday, April 6th, a box truck crashed into the rear of a Nissan Altima sending both vehicles into a pickup truck and a minivan on I-985 S under Buford Drive. The driver and passenger of the Nissan died on impact. The other individuals involved suffered minor injuries. Police determined speed and alcohol were not factors in this accident, but the box truck driver was charged with two counts of second degree vehicular homicide. Second degree vehicular homicide is a misdemeanor resulting in a maximum sentence of 12 months, but first degree vehicular homicide is a felony and can result in 3 to 15 years in prison and license suspension.

The other traffic fatality in Gwinnett occurred April 10th at the intersection of Lawrenceville-Suwanee Road and Sugarloaf Parkway when a driver turned left in front of another driver as the stop light turned from green to yellow. The driver who was struck on the right side of his vehicle died at the scene. This incident is still under investigation to determine right of way and if speed was a factor, but driving while under the influence of alcohol did not seem to be a factor.

A leading Atlanta DUI defense lawyer, Mickey Roberts has seen many lives take an unfortunate turn due to drunk driving and vehicular homicide charges. He urges driver’s to drive carefully. Whether you drive carefully to avoid a speeding ticket or to prevent harm to yourself and other drivers, it’s important to be cautious as one bad decision can result in harsh consequences. If you have been arrested for DUI or other traffic violations, contact MrGaDUI today. Be sure to visit his website to learn more about driver’s rights, and connect with him on Facebook, Twitter, and Google+ if you haven’t already.

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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.
MRGADUI