TRAVIS v. STATE, A11A1941, Meriwether Superior Court, Appealed from Meriwether County State Court. In 2009, the then 20 year old Appellant, Kaitlin Travis, was stopped for speeding 32 m.p.h over the posted speed limit late at night on a portion of highway designated as a construction zone. The officer smelled alcohol emanating from her car. When asked if she had been drinking, Travis initially denied having had any alcohol, but later admitted to having consumed alcohol earlier in the day. Travis blew into a hand-held Alco-Sensor device witch produced a reading of .04 BAC. She also performed a HGN test, which, according to the guidelines of the evaluation, also confirmed the presence of alcohol. She then consented to a state-administered breath test which gave a sequential reading of .036 and .037 BAC. Travis was tried for speeding, reckless driving, DUI “less safe” and an under 21 DUI, and convicted of speeding, under 21 DUI, and reckless driving. She appealed her sentence on a total of seven accounts, the fifth, and most notable, being that the trial court erred by failing to give the jury her requested instruction on the statutory assumption of sobriety as set forth in OCGA § 40-6-392 (b) (1): for counts of DUI “less safe” defendants with a BAC of .05 or less may be presumed sober. Regarding her DUI “less safe” charge, Travis, since she had a BAC of less than .05, requested to be tried with the presumption of sobriety as outlined in OCGA § 40-6-392 (b) (1). In light of Travis's underage charge and the fact that the jury could be confused by the presumption set forth in OCGA § 40-6-392 (b) (1), the court denied Travis's request. What is of especial note here is that there is no statutory presumption of sobriety for under 21 DUIs, the legal limit of which is .02 BAC. Travis, at 20 years of age with a .036 BAC is, by law, incapable to drive. At 21 years of age, with the same BAC, she is, by law, presumed sober. more
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 Fulton County Juvenile Court Georgia DUI?Pulled over for a DUI in Fulton County as a Juvenile? Our DUI lawyers have over 25 years combined courtroom experience. The Real Deal Fulton County Juvenile Court DUI lawyers understand how to minimize the impact of a Juvenile DUI arrest! We know the Fulton County Juvenile Court. We are familiar with the Court, the Judges, the Prosecutors, and the Police. We have and use police DUI training materials. The National Highway Traffic and Safety Administration (NHSTA) training manuals in DUI Detection and Field Sobriety Evaluations are the centerpiece of our DUI defense strategy. We have read and reread these Police DUI training manuals and mastered their content. We use police DUI training manuals to show how the these evaluations are not reliable, how the police fail to follow their own training and how our clients are not guilty. 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We can do in minutes what it takes other lawyers hours to do.We handle all Georgia DUI cases including those with or without breath test and blood test results, refusals of both blood, breath or urine, cases with Standardized Field Sobriety Evaluations and DUI cases with no Field Sobriety exercises. We have handled DUI accidents and DUI fatalities. DUI Drugs, Fleeing and Eluding the police, marijuana possession, felony and misdemeanor obstruction, we have seen it all at least once. Our DUI case procedure is extremely refined and time tested, so it leaves no stone unturned and find even the elusive DUI victory out of a Fulton County Juvenile Court drunk driving case. Fulton County Juvenile Court DUIs are serious matters that need experienced DUI lawyers.Even for a 1st DUI, you can be fined up to $1000.00 plus up to 40% tacked on as court costs and confinement in a youth detention facility, 40 hours community service, drug and alcohol testing for one year and 12 months of probation. Your child's license can be suspended anywhere from 120 days to 5 years. Do not try to handle your DUI alone. Call us today (770) 961-5511, email at firm@georgialawyer.com or go to our website for an online evaluation at www.georgecreal.com. Our advice as to who you decide who to hire as your Fulton County Juvenile Court DUI Attorney: 1) Don’t hire an Attorney based solely on price; Sometimes the cheapest lawyer can be the most expensive especially if a lawyer charges only $1000 but only spends an hour on your case-we spend an average of 10 hours on every DUI case without a jury - cost per hour is the best way to compare lawyers; 2) Ask any attorney that you speak with whether he/she has tried any DUI jury trials and how many not guilty verdicts he/she has received in the past 2 years; 3) Ask any attorney that you speak with whether he/she has the police field sobriety training manuals so the police officer can be questioned properly on the witness stand; and (4) Ask if the lawyer has ever tried and won a breath test case and if he has the breath test operator and Area Supervisor Breath Test Training manuals. A DUI lawyer who can't answer these questions is not ready for a real DUI jury trial. We are here to help. Call TODAY (770) 961-5511 or email us at firm@georgialawyer.com to review your case. Fulton County Juvenile Court Information:The Fulton County Juvenile Court is located at: 395 Pryor St., SW Atlanta, Georgia 30312 The Judges of the Fulton County Juvenile Court are: Chief Judge Belinda E. Edwards Presiding Judge Bradley J. Boyd Chief Associate Judge Charles G. Hodges Associate Judge George G. Blau Associate Judge Juliette Wiltshire Scales Associate Judge Phillip Jackson The exclusive, original jurisdiction of Juvenile Courts extends to delinquent children under the age of 17. The Juvenile Court has concurrent jurisdiction with the Superior Court over certain capital felonies. Juveniles who commit certain serious felonies can have their cases transferred to Superior Court. The Juvenile Court has jurisdiction over minors committing traffic violations and serious traffic violations like DUI arrest, aggressive driving as well as shoplifting and Drug offenses like Marijuana Possession. The Goal of any Juvenile Court representation is generally an informal adjustment which is effectively a dismissal prior to being adjudicated delinquent or found guilty. The process works like this. In all proceedings over which the juvenile court has jurisdiction, such proceedings shall be initiated in the juvenile court upon the receipt of a written juvenile complaint form, petition, transfer from another court, a uniform traffic citation, or a Georgia Natural Resources/Game and Fish Division Notice of Summons which shall be submitted to the court and shall be referred to an intake officer of the court. the intake officer shall make a preliminary determination as to whether a petition shall be filed. If the allegations appear to be legally sufficient for the filing of a petition, and it further appears that judicial action is in the best interest of the public and the child within guidelines established by the court, the intake officer may endorse a petition. The intake officer may elect to informally adjust, divert, or recommend dismissing the case, within guidelines established by the court. All complaints or petitions shall be filed and docketed with the clerk of juvenile court. Before a petition is filed, the intake officer shall screen the complaint. This may result in a decision to recommend dismissal to the judge or associate judge, to make a referral to another agency for services, if appropriate, to informally adjust the case, to file a petition, or to take other appropriate action. Factors involved in the process of screening the complaint shall include: 1. Whether the complaint is one over which the court has jurisdiction; 2. Whether the complaint is frivolous; 3. Whether the child should be detained pending a hearing and, if so, where he or she should be detained; 4. Whether the child's case can be informally adjusted; 5. Whether the child should be diverted to an agency that meets his or her needs; and 6. If a petition should be filed with the court. In cases where a child is alleged to have committed a delinquent act which is not of a serious nature, or has been alleged to have committed an unruly act, but appears to be amenable to informal handling, the intake officer may withhold the filing of a petition with a view toward first seeking an informal adjustment of the matter, where it is in the best interest of the child and the community. If, after the filing of a petition, it appears that informal adjustment best suits the need of the child and the public, the judge may direct the withdrawal of the petition so the matter may proceed to informal adjustment. In order for informal adjustment to occur: 1. The admitted facts must bring the child within the jurisdiction of the court. 2. It must be determined that counsel and advice without an adjudication would be in the best interest of the public and the child; and 3. The child and the child's parents, guardian, or other custodian must consent to the informal adjustment with knowledge that consent is not obligatory. 4. If the child is alleged to have committed a designated felony act as defined in OCGA § 15-11-63, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative. Fulton County Juvenile Court News:Travis v. State: Meriwether County Under 21 DUI and Reckless Driving – Statutory Presumption of Sobriety Not Applicable to Under 21 DUI Friday, March 02, 2012
2 + 4 = Dead. Lawsuit Alleges Youth Killed After Drinking just two "Four Loko" Alcohol Energy Drinks Friday, May 20, 2011
A recent lawsuit against the makers of the alcoholic energy drink "Four Loko" by the family the 15-year-old youth who was hit by a car after drinking only two cans of the product. Revealing the potential danger to youth drinking these alcohol-energy drinks. The Complaint alleges the alcohol energy drink "desensitizes users to the symptoms of intoxication, and increases the potential for alcohol-related harm." The stimulants in the alcohol energy drink allegedly mask the feeling of being drunk according to the lawsuit. Other studies have found that energy drinks tend to increase the affects of the alcohol.
Energy Drinks and Alcohol Can Cause DUI arrests for the unwary. Tuesday, April 12, 2011
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