From a good time to a crime RICK KUPCHELLA, Special to the Times Published December 31, 2006
Once upon a time, people laughed when you joked that you were too drunk to walk, so you had to drive. But then, once upon a time the Marlboro Man was the ultimate sign of virility. The Marlboro Man died of cancer. And drunken drivers long ago ceased to be funny. Indeed, social attitudes toward drunken driving are about where attitudes toward smoking were 20 years ago - hardening fast. Think of that next time you’re in a smoke-free bar.
And think of that tonight if you are one of the thousands raising a toast to the New Year in Tampa Bay.
Are you still drunk the morning after a binge? We wondered how many people hit the road in the morning without even realizing they are still legally drunk.
We asked four volunteers to conduct an experiment. They drank for four hours, took a drunk test, slept for eight hours, and took another drunk test. The results may surprise you.
Lawsuit claims drug killed DUI probationer By Kim Smith ARIZONA DAILY STAR
The family of a Tucson man who died while on probation has sued the state and the Pima County probation department, saying a court-ordered drug killed him.
According to court documents, Scott Paul Cody, 34, was placed on probation in May 2005 for driving under the influence of alcohol and drugs and attempting to flee from a law-enforcement officer.
The lawsuit says as part of his probation, Cody was ordered to go to Patrick J. Marsh so the doctor of osteopathic medicine could determine if Cody could take Antabuse, a drug that makes people who drink alcohol ill.
Tifton Police Officer Resigns After DUI October 5, 2006 12:33 pm
TIFTON, Ga. — A Tifton police officer has resigned after being arrested for driving under the influence in his patrol car while on a training trip. Officer Chuck Synder was attending training in traffic accident investigation last week at the State Law Enforcement Training Center in Forsyth, south of Atlanta. Georgia State Patrol troopers said he was involved in a Georgia DUI wreck early Friday morning in his patrol car. A witness told authorities the car struck signs on the side of a road and kept going. Troopers who found Synder’s car and questioned him said he smelled of alcohol and refused to take a sobriety test.
Newnan DUI arrests soar from 139 arrests in 2003 to about 300 this year Published 10/08/06 in The Times-Herald By ELIZABETH RICHARDSON
Last year, the Newnan Police Department set a goal to arrest 271 impaired drivers in 2006 — an increase of 10 percent from 2005.
In 2003, the police department was responsible for making 139 arrests involving drivers under the influence of alcohol or drugs. In 2004, that number jumped to 224, followed by 246 in 2005.
From the beginning of this year through September, Newnan officers have made 227 DUI arrests within city limits. Police not only expect to meet their goal, but if they keep up their average of 25 arrests per month they could make as many as 302 DUI-related arrests in 2006.
DUI Georgia is serious business. Click here for information about professional Georgia DUI representation.
Is Foley This Cycle’s “DUI?” October 03, 2006 Courtesy of the National Journal
In the final days of the 2000 WH race, Pres Bush was confronted with an unexpected revelation from his past. It was disclosed that in 1976 Bush had been pulled over and arrested for DUI. The news threw the otherwise well-oiled Bush campaign and, as described by John F. Harris and Mark Halperin in their new book, “The Way To Win,” the “classic scramble that ensued set off a…frenzy.”
Questions about the genesis of the leak emerged almost instantly, but such curiosities were far outweighed by the damage within the story itself. For conservative-leaning voters, the DUI set off alarms about just what was in the background of the once-wild Texas governor who was still something of an unknown quantity. Five days after the bombshell broke, Bush could only eke out an electoral tie. The GOP base, the story goes, was depressed by the DUI.
There was a case in State Court last week that went before a jury trial where a man was charged with DUI Georgia and two counts of child endangerment with his children in the car, interfering with police and driving without a license. This person refused a breathalyzer and refused to cooperate with law enforcement officers while they were trying to conduct field sobriety tests. The police officers testifying had video footage of his arrest clearly indicating his impairment but he was still found not guilty of all charges except driving without a license. So, is there any justice? Can we all just refuse a breathalyzer? It appears the court system is eliminating our efforts of Mothers Against Drunk Drivers.
In a letter to Thomas Paine, Thomas Jefferson wrote: “I believe trial by jury is the only anchor yet imagined by man which can hold a government to the principles of its constitution.” The jury in this case held the government to the Constitution. The jury held the State to its burden of proof-beyond a reasonable doubt. The jury found the person not guilty beyond a reasonable doubt of less safe driving. Apparently, Mad Mothers would propose eliminating our right to refuse test, have jury trials, and be presumed innocent. Apparently the jury did not find the video coverage so indicative of impairment.
Lawyers see DUI report, grand jury differences By Kim Smith ARIZONA DAILY STAR
Two local defense attorneys believe hundreds of felony drunken-driving cases could be dismissed because of the way they were presented to Pima County grand jurors.
Prosecutors disagreed with the estimates on affected cases.
Law partners James Nesci and Joe St. Louis recently discovered a handful of Tucson Police Department cases where the evidence presented to the grand jury did not match police reports. In each case, a detective told the grand jurors the suspect failed field sobriety tests and exhibited other signs of intoxication when, in fact, they had not.
The Arrest Process – Through the Eyes of a “Lawbreaker” by Mike Russo
Driving through Monroe at one time or another, we have all seen the Monroe Police Department in action. We have all been guilty of becoming mesmerized by the red, white, and blue lights flashing atop the police cruiser, and slow down to catch a glimpse of the drama unfolding as the patrolman interrogates the occupant about a defective tail light, an obstructed windshield, or failing to come to a complete stop at an intersection. More often than not, the perpetrator escapes with just a written warning. Sometimes it is serious - much more serious.
In June 2003, an Athens County jury acquitted an Athens area woman of aggravated vehicular homicide in connection with a car crash that killed a Shade man.
A blood test allegedly showed that Farah Holter had chemical byproducts of recent cocaine use in her system at the time of the crash. Her attorney, however, using expert medical testimony, persuaded the jury that those byproducts, or “metabolites,” were not impairing Holter’s ability to drive.
Holter was convicted of only a misdemeanor charge of negligent manslaughter. If her case came up today, however, the outcome might be different.
To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.
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