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Wednesday, 20 June 2007 |
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Nicole Richie's DUI trial was continued until July 11, 2006.
Richie who was arrested in December 2006 after reports that she was
driving the wrongway on a Los Angeles freeway and was found parked in a
car pool lane and allegedly failed field sobriety tests. She
purportedly admitted taking a prescription drug and smoking
marijuana. In Georgia, DUIs can be based on prescription drug
consumption and marijuana but prosecutors must prove the Defendant is
incapable of driving safely under the influence of the drugs.
This is nearly impossible with marijuana and at best difficult with
prescription drugs. Remember to avoid the rush to
judgment. All defendants in the American Criminal Justice System
are presumed innocent until proven guilty in a court of law with
competent evidence. However, Richie may not want a trial given
she has a criminal history regarding possession of illegal drugs and
was allegedly driving on a suspended license. She might win the
DUI but could lose on the suspended license.
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Monday, 11 June 2007 |
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George Michael, english and international pop star formly of Wham! and later known for his solo album Faith, was sentenced to DUI Drugs in London recently after reportedly being seen driving 5 to 10 mph on the wrong side of the road and then being found asleep at the wheel. Interestingly, in comparison to DUI sentences in Metro Atlanta and Georgia which would certainly involve some form of jail time and probably rehabilitation if not felony drug charges, George Michael received 100 hours of community service, 2 year driving ban and an approximately $4600.00 in fines and court costs. More expensive than in Georgia and Metro Atlanta but considerably more lenient in terms of punishment.
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Wednesday, 30 May 2007 |
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The Lindsay Lohan situation illustrates that in defending drivers accused of driving under the influence there are some cases where the only defense is intensive inpatient rehab and AA meetings. I frequently counsel my clients that if you have an alcohol problem, get treatment. I am not a doctor or a psychologist. My clients know if they need treatment. It is always better to grab the bull by the horns and take responsibility and get treatment before a Judge tells you to get treatment. No one is going to make you tell the court or jury that you sought treatment prior to trial. Further, if you don't win your DUI trial it is always a good idea to have a plan B. I have never had a DUI defendant who did not reduce potential punishment by at least 60-99% by initiating alcohol rehabilitation. I can not count the times I have heard judges after rehab or intensive AA participation tell a client, "I have never taken a chance on a Defendant before but I am going to take a chance on you." Its your life and only you can save it.
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Thursday, 17 May 2007 |
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Baltimore Ravens Return Specialist BJ Sams was found not guilty of
DUI. According to news reports, the video did not capture
impairment during field evaluations and Sams was not offered a breath
test. The Judge was reported as commenting that there was a lack
of evidence in the case. Some of the
field sobriety evaluation results were disregarded by the judge after the
trooper’s testimony was challenged by Georgia DUI expert Tony
Corroto, who was paid a generous retainer plus expenses to appear on Sams' behalf.
Corroto’s testimony was considered as pivotal by the judge. The State must prove their cases beyond
a reasonable doubt and conclusory assertions of alcohol impairment and
drunk driving are not enough in the face of a lack of evidence.
You can't win a DUI case unless you take it to trial.
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Sunday, 13 May 2007 |
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Mel Gibson praised by Judge in DUI Court for rehabilitation
efforts. Mitigation is defined in the American Heritage
Dictionary as to moderate (a quality or condition) in force or
intensity; alleviate. Mitigation is an integral part of any DUI
defense. We encourage clients to obtain a drug and alcohol
evaluation and follow through with any recommended treatment when they
receive any second in lifetime alcohol offense or a DUI with aggravated
circumstances like an extremely high blood alcohol level or a serious
accident or injury. Judges appreciate it because the client is
taking responsibility for their actions and it gives the judge an
objective second opinion which provides an opportunity for lightening
the sentence. A good lawyer can win a DUI but it
is a great lawyer who has a plan in case he loses. A Drug and
Alcohol evaluation, AA meetings, and counseling can make the difference
between a weekend in jail and a year in jail. Thirty AA meetings
is a lot better than thirty days in jail. Just ask Paris Hilton.
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