George C. Creal, Jr., P.C.
DUI Trial Lawyers
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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 and its 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 through out the State of Georgia.
The toughest DUI laws in Georgia History went into effect on July 1, 2001. These laws require jail time for all DUI convictions, license suspensions, twelve months of reporting probation, and extensive community service. Some DUI offenders will have all of their license plates confiscated and be required to perform 30 days or 240 hours of community service! In your DUI, you will face two courts: a criminal court and a driver's license court. Further, if you do not request a hearing with in ten business days, your license shall be suspended thirty days after your arrest for as much as five years in some cases, usually before you even go to court for your DUI.
Our firm has advised thousands of DUI clients primarily in Metro Atlanta: including the City of Atlanta, Fulton, DeKalb, Cobb, Cherokee, Forsyth, Henry, Clayton, Fayette, Rockdale, Spalding and Coweta Counties. We know the Court system, the Judges, the Prosecutors and how they work. I was a staff attorney for a Superior Court Judge in Clayton County in 1993-1994.
Georgia's Tough New DUI penalties make legal representation essential. If you do not contact us, please contact another attorney. Do not go to court unrepresented. If you can't afford to miss work for a year, you can't afford not to hire a DUI attorney. We take all major credit cards and have payment plans for qualified applicants. We are an established law firm here to help you. We will not plead your case guilty unless you tell us you do not want a trial. Call us at (770) 961-5511 for a free consultation, email
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or fax us a copy of your tickets or police report at (770) 961-5544.
Closing Argument Quotable
"I consider [trial by jury] as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." --Thomas Jefferson to Thomas Paine, 1789. ME 7:408, Papers 15:269
DUI Myths:
Myth: Driving at 0.08 is dangerous or a driver is impaired.
Fact: A University of Utah study found that drivers talking on cell phones with and without earbuds were more dangerous than drivers who had consumed enough alcohol to be in excess of the 0.08 legal blood alcohol limit for most states. See blog link Strayer, D. Human Factors, Summer 2006; vol 48: pp 381-391. Insurance Institute for Highway Safety: “DUI/DWI Laws.” News release, University of Utah.
Myth: Mouthwash or breath spray will help you beat a DUI.
Fact: Mouthwash or breath spray is the worst thing you can do when faced with a DUI. Both mouthwash and breathspray will artificially inflate alcohol breath tests.
Myth: Sucking on pennies will fool a dui breath machine.
Fact: Pennies have no effect on alcohol breath test results.
Myth: “Alcohol on the breath” is a reliable sign of alcohol consumption and intoxication.
Fact: Alcohol is odorless. The smell of alcholic beverages is not alcohol on the breath but is actually the odor of the things in or ingredients of the alcoholic beverages. Non-alcoholic beer like Odouls will produce the same smell the as drinking a regular beer. Georgia law even recognizes that a mere odor of alcohol is not enough to convict someone of DUI.
Myth: A Breath test will clear diabetics who exhibit characteristics of alcohol impairment like slurred speech, confusion, stumbling, sleepiness, uncoordinated behavior and red face cause them to fail field sobriety tests.
Fact: Diabetics frequently have acetone in their breath, which Breath Test Machines can confuse with alcohol in the blood stream.
Myth: Field sobriety evaluations are validated by the National Highway Transportation and Safety Administration, and accurately identify drunk drivers.
Fact: The three standardized test the HGN(eye jerking test), Walk and Turn and One Leg Stand are 77%, 65% AND 68% when performed under ideal conditions with those under 65 years of age, with no back, leg, knee, ankle or inner ear conditions on a flat, level, dry, debris free surface in heels less than two inches. On the side of a highway at night with strobe lights flashing sometimes in the shivering cold, these conditions are rarely met. Further, Police Officers rarely perform these test as they are trained. The results are stupid people tricks as opposed to field sobriety evalutions.
Myth: Alcohol breath test machines are accurate.
Fact: There are many sources of error in breath tests. Mouth alcohol, acetone, radio frequency interference, certain solvents and chemicals, mouth wash, asthma inhalers which contain albuterol suspended in ethanol or alcohol vapor. Even in the absence of any of these common problems and under ideal conditions, alcohol breath testers simply lack precision. The Georgia Intox. 5000 breath testing manual states that breath testing has inherent sample variability of 0.01 for one sample and 0.02 for two samples.
This means that under ideal conditions, which is a highly unlikely situation, a breath alcohol reading of .08 reflects an actual blood alcohol reading of anywhere from .06 to .1. That is a margin of error of 25 percent of the legal limit. At the under 21 level of .02 the error rating is 100%!
Myth: A person accused of DUI by breath test is presumed innocent. A fact guaranteed by the both the and Georgia Constituion.
Fact: Although the presumption of innocence is guaranteed by law, it is denied in fact with a state administered breath test. The breath test is presumed accurate and you have to prove it doesn’t work by hiring an expert to debunk the test or having an extremely effective cross examination by an experienced DUI lawyer using the Officer's own training materials.
Myth: Law enforcement officers can’t influence the BAC reading of a breath-testing machine.
Fact: Law enforcement officers can and do influence BAC readings. The first part of lung air, after discarding the dead space, has an alcohol concentration much lower than the equivalent Blood Alcohol Content. Whereas, the last part of lung air has an alcohol concentration that is much higher than the equivalent Blood Alcohol Content. The last part of the breath can be over 50% above the alcohol level. Thus, a breath test reading of 0.14% taken from the last part of the breath may indicate that the blood level is only 0.09%." Thus, police often yell at drivers “Blow, Blow, Blow, Blow” much longer and deeper than is necessary for the machine to inflate the result.
Myth: Alcohol breath testers measure the concentration of alcohol in a person’s blood stream (blood alcohol concentration or BAC).
Fact: Alcohol breath machines don’t actually measure blood alcohol content, which can only be achieved with a blood test. They attempt to measure alcohol in the breath in order to estimate the concentration of alcohol in the blood. As a result not all states permit alcohol breath test. Alcohol breath machines detect any chemical compounds that contain the methyl group in its molecular structure. There are thousands of such compounds such as gasoline, glue, acetone, asthma inhalers, paint, paint remover, “new car smell,” celluloid, cleaning fluids, etc.
Breath Machines also assume as constants certain ratios within the human body that actually vary widely from person to person and within the same person over time. For example, many breath-testing machines assume a 2,100-to-1 ratio in converting alcohol in the breath to estimates of alcohol in the blood. However, this ratio varies from 1,900 to 2,400 among people and also within a person over time. Some breath analysis machines assume a hematocrit (blood cells as a percent of blood volume) of 47%. By comparison, Lance Armstrong may have a hemocrit level of 47-49%, but anything over 50% is considering blood doping and would result in a two year ban from professional cycling llike the Tour de France or Tour de Georgia. However, hematocrit values range from 42 to 49% in men and from 37 to 47% in women. These machines appear to discriminate against female suspects. These machines assume a body mass of an average male and do not account for individuals with higher body fat. The machines assume an average body temperature. Can you say junk science?
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The war on social drinking is not working. Nationally and in Georgia, DUI laws, zero tolerance laws and underage drinking laws have succeeded in criminalizing our youth for drinking beer. Georgia youth have been thrown under the bus by Metro Atlanta DUI courts, police and other Georgia DUI authorities. Launched in July 2008, the Amethyst Initiative is made up of chancellors and presidents of universities and colleges across the United States including here in Georgia. These higher education leaders have signed their names to a public statement that the 21 year-old drinking age is not working, and, specifically, that it has created a culture of dangerous binge drinking on their campuses. Madd claims that lowering the drinking age will increase Georgia DUI offenses and DUI violatiosn elsewhere. However, simple logic dictates otherwise: banning alcohol from campuses drives students off campus to shady bars and off campus house parties where conduct is unregulated and in the shadows. Further the students drive drunk back to campus. The Athens, Georgia (home of the University of Georgia) police chief told my fraternity brothers and I in the 80's that closing down fraternity parties meant that he went from 3 problems a night on the weekend to 300 hundreds problems. It just scattered the problem. On campus parties mean close supervision by University police, early last call times, segregation of college youth from rougher elements, and less driving. Keeping kids on campus makes kids safe and not like a bunch of marines on shore leave who can't remember where they left their car. Don't believe me. The list of Amethyst supporters contains some of the most prestigious colleges in the country. These folks are on the front lines and have learned from experience about how to keep our kids safe while they sow their oats Further, binge drinking is a bigger problem in the U.S. than foreign countries where underage drinking brings a shrug from youth and not a high five like in the U.S..
President Vincent Maniaci, American International College; President Jerry M. Greiner, Arcadia University; President Ronald Slepitza, Avila University; President Elizabeth Coleman, Bennington College; President Scott D. Miller, Bethany College; President Bobby Fong, Butler University; President David Wolk, Castleton State College; President Mark J. Tierno, Cazenovia College; President Carmen Twillie Ambar, Cedar Crest College; President Esther L. Barazzone, Chatham University; President John Bassett, Clark University; President Anthony G. Collins, Clarkson University; President James R. Phifer, Coe College; President Rebecca S. Chopp, Colgate University; President Robert Hoover, College of Idaho; President Mary Pat Seurkamp, College of Notre Dame of Maryland; President Frank Miglorie, College of St. Joseph; President Richard Celeste, Colorado College; President Dennison W. Griffith, Columbus College of Art & Design; President James E. Wright, Dartmouth College; President G. T. Smith, Davis & Elkins College; President William G. Durden, Dickinson College; President Robert Weisbuch, Drew University; President Richard Brodhead, Duke University; President Donald R. Eastman III, Eckerd College; President Theodore Long, Elizabethtown College; President Thomas Meier, Elmira College; President Richard E. Wylie, Endicott College; President Jeffrey von Arx, Fairfield University; President Kendall A. Blanchard, Georgia Southwestern State University; President Janet Morgan Riggs, Gettysburg College; President Sanford J. Ungar, Goucher College; President Jack Ohle, Gustavus Adolphus College; President Joan Hinde Stewart, Hamilton College; President Walter M. Bortz, Hampden-Sydney College; President Ralph J. Hexter, Hampshire College; President Susan DeWine, Hanover College; President Nancy O. Gray, Hollins University; President Barbara Murphy, Johnson State College; President John J. Bowen, Johnson & Wales University; President William Brody, Johns Hopkins University; President S. Georgia Nugent, Kenyon College; President Daniel H. Weiss, Lafayette College; President Stephen D. Schutt, Lake Forest College; President Thomas J. Hochstettler, Lewis & Clark College; Carol A. Moore, Lyndon State College; President Leonard Tyler, Maine Maritime Academy; President Thomas J. Scanlan, F.S.C., Manhattan College; President Richard Berman, Manhattanville College; President Tim Foster, Mesa State College; President Ronald Liebowitz, Middlebury College; President Frances Lucas, Millsaps College; President Mary Ellen Jukoski, Mitchell College; President Christopher Thomforde, Moravian College; President Robert Michael Franklin Jr., Morehouse College; President Joanne V. Creighton, Mount Holyoke College; President Peyton R. Helm, Muhlenberg College; President Randy Dunn, Murray State University; President Thomas B. Coburn, Naropa University; President Fran Voigt, New England Culinary Institute; President Debra Townsley, Nichols College; President Robert A. Skotheim, Occidental College; President Lawrence Schall, Oglethorpe University; President E. Gordon Gee, Ohio State University; President Phil Creighton, Pacific University; President Loren J. Anderson, Pacific Lutheran University; President John Mills, Paul Smith’s College; President David W. Oxtoby, Pomona College; President Robert A. Gervasi, Quincy University; President Robert R. Lindgren, Randolph-Macon College; President William E. Troutt, Rhodes College; President David C. Joyce, Ripon College; President Gregory G. Dell'Omo, Robert Morris University; President Pamela Trotman Reid, Saint Joseph College (CT); President Timothy R. Lannon, Saint Joseph’s University (PA); President Arthur F. Kirk, Saint Leo University; Vice Chancellor Joel L. Cunningham, Sewanee: University of the South; President Carol T. Christ, Smith College;President Paul LeBlanc, Southern New Hampshire University; President Beverly Daniel Tatum, Spelman College; President Daniel F. Sullivan, St. Lawrence University; President Elisabeth S. Muhlenfeld, Sweet Briar College; Chancellor Nancy Cantor, Syracuse University; President J. Patrick O’Brien, Texas A & M University-West Texas; President Robert Caret, Towson University; President James F. Jones, Jr., Trinity College; President John M. Stamm, Trinity Lutheran College; President Lawrence S. Bacow, Tufts University; President Walter Harrison, University of Hartford; President Louis Agnese Jr., University of the Incarnate Word; President Jennifer Hunter-Cevera, University of Maryland-Biotechnology Institute; President C.D. Mote Jr., University of Maryland--College Park; Chancellor William E. Kirwan, University System of Maryland; President Steven H. Kaplan, University of New Haven; President Geoffrey Shields, Vermont Law School; Chancellor Robert Clarke, Vermont State Colleges; President Ty Handy, Vermont Technical College; President Tori Haring-Smith, Washington and Jefferson College; President Kenneth P. Ruscio, Washington and Lee University; President L. Baird Tipson, Washington College; President Michael Bassis, Westminster College (UT); President Sharon D. Herzberger, Whittier College; President James T. Harris, Widener University; President M. Lee Pelton, Willamette University
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The following is an estimate of DUI arrests in selected Metro Atlanta Counties for one week based on publically available records. The information is only as accurate as the public records from which it is obtained.
| Jurisdiction |
DUIs |
Population |
Arrests per Population*
|
Weighted Police Rankings |
Percent change from last week |
| City of Atlanta DUI arrests |
40 |
out of 486,411 (7/2006 U.S. Census Est.) |
.0000822 |
5 |
n/a |
| Gwinnett County DUI arrests |
78 |
out of 757104 (7/2006 U.S.Census Est.). |
.0001030 |
3 |
decrease 21% |
| Dekalb County DUI arrests |
41 |
out of 723602 (7/2006 U.S. Census Est.). |
.0000566 |
6 |
increase 1.3% |
| Fayette County DUI Arrests |
15 |
out of 106671 (7/2006 U.S. Census Est.). |
.0001406 |
2 |
25% increase |
| Clayton County DUI Arrests |
n/a |
out of 271240 (7/2006 U.S. Census Est.). |
n/a |
|
n/a |
| Henry County DUI Arrests |
17 |
out of 178033 (7/2006 U.S. Census Est.). |
.0000954 |
4 |
26% decrease |
| City of Doraville DUI Arrests |
12 |
out of 9862 (2000 U.S. Census Est.) |
.0012167 |
1 |
15% decrease |
| City of Roswell DUI Arrests |
6 |
out of 78,229 (2003 U.S. Census Est). |
.0000766 |
6 |
65% decrease |
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*Percent under 1000 means a very low risk of DUI arrest per population. Percent over 2000 means DUI Hot Spot very risky to Drive after Drinking. If you would like your counties statistics shown please contact us with information on obtaining the public records.
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Fort Collins, CO (PRWEB) July 17, 2008 -- Eighteen-year-old Shaun Malone has a few people to thank for being able to plead "Not Guilty" to a speeding offence - his parents, who installed a GPS device in his car, and Rocky Mountain Tracking, the service provider of that device.
"Because of our GPS tracking data, Malone and his parents can protest the imposition of an unfair speeding ticket," says Brad Borst, Founder and President of Rocky Mountain Tracking, and who is also a former Police Officer.
A police radar had found Malone driving at 62 mph in a 45-mph zone. However, Malone's parents, who had installed the Rocky Mountain Tracking GPS device in his car to monitor his driving, found that the device tracked him driving at, and not above, the speed limit.
The most telling testament to the accuracy of the Rocky Mountain Tracking Rover GPS tracking device came, ironically, from a GPS expert who originally helped find Malone guilty in a trial-by-affidavit. Dr. Stephen Heppe, the expert, had written a report affirming that, going by the GPS data, Malone had to have been traveling faster than 45 mph.
The GPS device sends out a signal every 30 seconds, as well as an email alert whenever the driver exceeds the speed of 70 mph.
However, when he took the stand to begin his testimony, Dr. Heppe corrected that written report, saying that the Rocky Mountain Tracking device was "very" accurate, to within a couple of meters on location and to within 1 mph on speed. Dr. Heppe also pointed out that the GPS device released instantaneous data, and not data averaged over a distance.
"This case has caught the attention of the nation, and it will set a precedent on how police departments use speed traps in the face of an increased GPS presence," says Borst. "The accuracy and reliability of GPS has helped bring this important issue into the limelight."
New technology continues to evolve and can be used by cutting edge Atlanta DUI and Georgia DUI Attorneys to uncover police misconduct and outdated and inaccurate law enforcement devices like the Intox 5000 was relies on the same computer chips used on Business Calculators in the 1980s. GPS and in car video systems can level the playing field against those who would otherwise abuse power and authority.
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On July 8, 2008, Paulette Bourke sued the City of Gulf Port, Florida and Officer Joshua Stone for arresting her for DUI. Ms. Bourke had been at a restaurant with her sister where she had two sips from a glass of wine. She was pulled over by Gulf Port Police for driving under the speed limit, making a wide turn, and driving too close to the curb. The Officer reportedly smelled alcohol and ordered her out of her car to perform DUI field sobriety evaluations. The Officer would not let her wear her eyeglasses which she reported made her very nervous and uncomfortable as she could not see. The Officer alleged that she failed the field sobriety evaluations. She was arrested for DUI. She was handcuffed and transported to the police station where she gave two breath samples on a DUI breath testing machine which registered 0.00. She was then compelled to submit to a urine test which indicated negative for drug use. She was arrested for DUI. The case was later dismissed by prosecutors for a lack of evidence. Ms. Bourke is seeking compensatory and punitive damages as well as attorney's fees against both the arresting officer and the city. These situations are not unique to Florida. Field Sobriety evaluations are standardized nationally and Georgia DUI Police and Metro Atlanta DUI Police make false arrest based on field sobriety evaluations with accuracy ratings from 66% to 77%. This translates into 1 in 4 false arrests. We have encounted many clients who were arrested for DUI and tested 0.00 or well under the legal limit. Don't be fooled by "over the limit, under arrest" slogans. It is a war on social drinking.
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On July 1st, 2008, Georgia DUI laws will get tougher. The new Georgia DUI law is designed to teach new DUI offenders an additional lesson and increase jail time and consequences for multiple offenders. The Georgia General Assembly passed House Bill 336 with very little opposition in 2008 legislative session. Beginning on July 1st, 2008, people who plea to or are convicted of driving DUI will be subject to more jail time, a felony record in some cases, and additional DUI classes. A fourth DUI in Georgia in ten years will be felony if you are arrested after July 1st 2008. It doesn't matter where the other DUIs occurred as long as the Fourth one is a Georgia DUI. Your first two DUI convictions or pleas are regular misdemeanors subject to a year in jail or a $1000 fine. A third Georgia DUI is a high and aggravated misdemeanors which increases the maximum punishment up to $5,000 and a year in jail generally with limited good time credit for time served, meaning you are likely to serve day for day. A new felony DUI conviction will result in a prison sentence of one to five years but can be probated or suspended by the Judge except for 90 days which is mandatory. Additionally, the measurement for minimum punishments for 1st, 2nd, and 3rd DUIs will increase from 5 years to 10 years. This means that if you had a DUI 6 years ago and get a second DUI you will be subject to minimum punishments of 72 hours in jail as opposed to 24 hours and the additional requirements of a 2nd in Five DUI like 30 days community service et cetera.
The new law will make changes in sentencing for first Georgia DUI offenders. There will be another requirement after a Georgia DUI Defendant completes the Georgia DUI School which is a 20 hour $280 course. For a first Georgia DUI conviction, in addition to DUI School, fines of $300, and 40 hours of community service offenders will have to take a clinical evaluation and complete a treatment program.
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 Georgia law, codified at O.C.G.A. § 40-6-3, provides for the applicability of the rules of the road on private property only Driving under the Influence, Hit and Run, Striking an Unattended Vehicle and Striking a Fixed Object upon a Highway can be violated on private property. We have had Clayton County DUI cases were our client was driving at Southlake Mall without a seat belt. The loop road around the mall is a private road. It is not a through way as all access roads dead end into it. The way you can tell if a roadway is public is if the road sides conform to normal road signs. Public road signs are govern by the Manual on Uniform Traffic Control Devices. If the signs are shorter than normal or unusually decorative, i.e., carved wood, then its a private road. Our client's DUI was dismissed because its is not a crime not to wear a seatbelt on private property and it is only a crime on public roadway. The stop was illegal. No issue is too small to win a Georgia DUI.
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A Minnesota DUI defense attorney, on Monday, June 9, 2008, released a copy of an incriminating e-mail from a Minnesota BCA toxicologist to Intoxilyzer 5000 manufacturer CMI Inc. of Owensboro, Ky which laid out tested inaccuracies in DUI breath testing machine.
The e-mail, dated Sept. 27, 2006, indicates that the Intoxilyzer "on occasion" printed out different blood-alcohol readings than what it displayed on its screen. The email also revealed that the amount of air required to provide a breath sample varied depending upon the version of software running the machine and could trigger a false insufficient sample reading which could result in a one year driver's license suspension for refusal to take the test in Georgia. These CMI, Inc. Intoxilyzer 5000 are the "state administered" test in Georgia DUI arrests.
CMI updated the Minnesota version of its Intoxilyzer software in summer 2005. It was first awarded the contract in 1997.
"We performed a variety of tests under different conditions using each version and the results were not the same," wrote toxicologist Pat Pulju in the e-mail to other state and CMI officials.
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A recent news story from Arizona raises an interesting question. Heather Squires, 29 year old female, was arrested for DUI. He blood test result came back at 0.00. Not just sober, but stone cold sober. She allegedly participated in voluntary DUI field sobriety evaluations. One of two conclusions can be reached. First, the field tests simply don't work. Or Second, the DUI police officer did not perform the tests correctly. Either result is hair raising. This phenomenon is not exclusive to Arizona. I have had a client that was arrested for DUI by a Forsyth County Sheriff's Deputy after field tests north of Atlanta, Georgia several years ago and the DUI blood tests came back 0.00. Another client in Clayton County, South of Atlanta, Georgia was arrested for DUI and blew 0.02 on the Intox 5000. He was over twenty-one and only 25% of the legal limit and arguably saver than a sober driver according to police breath testing training manuals. Which raises an interesting question, How do you pass DUI voluntary field sobriety tests? Short answer is you don't. There are no criteria for passing only failing. The criteria for faling are only 66%, 68% and 77% accurate for the One Leg Stand, Walk and Turn and Horizontal Gaze Nystagmus respectively according to the National Highway Traffic Safety Administration (NHTSA) Standardized Field Sobriety Tests Manual. So unless you know you can pass the DUI field evaluations don't take them. If you take them make sure you hire a qualified DUI attorney to challenge the these DUI field tests.
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At a hearing before the State of Connecticut Department of Motor Vehicles in February of this year, Dr. Michael Hlastala, of the University of Washington, a forensic consulting in human physiology and DUI breath testing and the nature of alcohol in the body, testified that a woman who ingests the exact same amount of alcohol as a man will produce a DUI breath result that exceeds the man's by 5.6 percent.
Dr. Hlastala also testified at the DUI trial that the lung capacity of an African-American male is approximately 3 percent smaller than a Caucasian. "Because of the smaller capacity, an arrestee must expel a greater fraction of his lung capacity, the Intoxilyzer 5000 results are inflated by a factor of 3 percent," Hlastala concluded.
With Atlanta DUI prosecutors aggressively trying DUI's at the 0.08 level and given the inherent variability of deep lung air in successive breath samples of +/- 0.02 as discussed in the Georgia DUI Intox 5000 training manual (2004 Edition) and as evidence by the Georgia statutory over 0.02 sample variance exclusion rule, this could result in margins of error for blacks and women in the 28%-31% range.
Read excerpts from Connecticut Brief by clicking more.
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Read more...
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If I have a penny for everytime I heard a Metro Atlanta DUI police officer say I smell alcohol would you mind performing voluntary field evaluations to see if you are safe to drive home. That is just a lie. If the police smell alcohol, they will more than likely be arresting you. They are not testing you to see if you are safe to drive, rather they are testing you to make sure they have enough evidence to force you to plead guilty or be convicted during a DUI trial. Don't be fooled. Ask to speak to a lawyer. Ask if you are under arrest. Ask if you are free to leave. Ask if they are going to take you to jail even if you do not perform the tests. Ask questions. The more questions you ask, the more likely they are to coerce you to take the tests or give you faulty or illegal advice. Field tests are designed for your to fail. Never take the eye tests or HGN. If you feel okay you can take the walk and turn and the one leg stand. Agree to take the portable hand held breath test if they will show you the result. If they refuse, you know they are not trying to help you. You can lose your license if your refuse to take the State Administered breath or blood test at the police station, jail, breath testing RV or hospital but fewer than 5% of clients that I have represented in the last 15 years have actually suffered a one year license suspension. It is much easier to fight a less safe DUI in Georgia than a per se or alcohol concentration DUI.
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The Boiseweekly.com reported the nations first Segway DUI arrest that occurred in Oct 2007. The situation had both police and prosecuting attorney's scratching their heads. So they erred on the side of caution and arrested the man for DUI. The legislature clarified the ambiguity and legislated that the Segway was not a vehicle for purposes of the DUI law. Remember a Georgia DUI can occur on mopeds, golf carts, bikes, lawnmowers. DUIs are not just for Cars and Alcohol anymore. Segways are specifically excluded from the definition of vehicles under the Georgia Code so it appears that Drunk Segwaying is legal in Georgia. Remember, this is not legal advice merely an unsolicited opinion. Do not rely on this for purposes of avoiding a Georgia DUI.
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University of Georgia Bulldog Clint Boling was arrested for DUI less safe last week after being pulled over for driving erratically on GA. 120 at 1:30 A.M. on May 14, 2008 as reported by the Atlanta Journal Constitution. UGA Athletics policy requires that a player who is involved in an alcohol related arrest miss 10% of the season. The arrest will also trigger a review by the UGA's Office of Judicial Programs. If found guilty of violating the student code, he would be on probation at the university for one year. Boling told police was not drinking and refused a breath test.
At 19 years of age, a driver arrested for Georgia DUI will lose his license for a year to six months whether he takes a state administered test or not, so there is no real incentive to blow. Then DUI legal limit for Georgia drivers under 21 is 0.02 which is not impaired, less safe or drunk by any reasonable standard and represents a zero tolerance standard. However, without a test the State must still prove beyond a reasonable doubt that a driver is less safe which is difficult unless the driver's alcohol concentration is generally well over 0.12 (the legal limit back in 1980's when cooler heads prevailed). Less safe is generally evidence by unexplained weaving or an accident, poor performance on field dexterity evaluations, and/or by appearance and demeanor clearly suggestive of impairment. Metro Atlanta DUI and Alpharetta DUI college students be forewarned!
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The St. Petersburg Times recently reported about Michael Loui's DUI arrest. The alleged DUI Driver's eyes were bloodshot. He claimed he suffered from allergies. The Officer, a DUI specialist, noted that the Driver's speech was slurred and he was unsteady on his feet. The Driver called his doctor who told the Officer that the Driver suffered from Muscular Distrophy. The Officer did not smell alcohol but was sure that the Driver was using or abusing prescription drugs. He asked the Driver about his medical history. The Driver indicated that he had a prescription for Vicodin but had not taken any in a few days. Bingo, the DUI expert would not be fooled. The Disabled DUI driver was arrested, booked and jailed. Justice was served or was it injustice?
What makes this case illuminating is that Michael Loui, who actually does suffer from Muscular Distrophy and was prescribed Vicodin to ease his pain, was not DUI but simply disabled at least according to a state administered urine test. Officer Michael Jockers, the 17 year veteran DUI Officer, is still incredulous. He claims that his standardized field sobriety tests and DUI training don't lie besides he once knew a Cub Scout with Muscular Distrophy. The DUI officer insists that the Urine test is flawed and must have missed some prescription drug.
The lesson here is that Georgia DUI and Metro Atlanta DUI police officers believe that anyone that can not perfectly follow their instructions without being told that they are being so judged, are not perfectly healthy and fit, and do not have the dexterity of a tightrope walker (without a pole) or at least a competition gymnist are under the influence to the extent they are less safe of alcohol or when they can't smell alcohol illegal and/or prescription drugs. Prosecutors routinely charge DUI defendants with DUI drugs when there is absolutely no evidence of drug use or abuse just in case something pops up at trial. Further, Police Officers are trained to rely on these imprecise DUI field sobriety evaluations to the point of ignoring the obvious and disregarding common sense and logic.
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The Source Code sunami continues. A Tucson Arizona Judge added himself to the ranks of the righteous by ruling that source code secrecy is both unfair and un-American. The Judge's ruling affects over 49 DUI cases and adds more speculation to the ranks of those who wonder what CMI, Inc. and the Intoxilyzer has to hide. The ruling was reported by Azcentral.com.
Georgia DUI Courts have not ruled that Intoxilyzer source code is available or not under the DUI Full information provisions of O.C.G.A. 40-6-392(a)(4)(which provides, "Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney."). However, in Hill v. State, A08A0726,May 15, 2008, the Georgia Court of Appeals held that the DUI source code was not available under O.C.G.A. 17-16-23, the Georgia General Criminal Discovery statute as a scientific report under the guise that the State does not possess the DUI source code. ( Query: if you possess the DUI breath machine, how can you not possess the DUI source code? its in the DUI breath machine? It might not be typed out on a sheet of white paper in your in box, but you possess it?).
The only rational conclusion coming out of Hill v. State is that either the HIll DUI Attorney did not argue DUI Full Information or the Georgia Court of Appeals is playing legal twister to avoid directly addressing the implications of "Full Information" under O.C.G.A. 40-6-392(a)(4).
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From the moment we are born we have micro-organisms including several types of yeasts and bacteria in our intestines which are helpful and others that are harmless. When our immune system is weakened though stress or illness, these microorganisms and yeasts (Candida albicans) can grow out of control and can inhibit and interfere with digestion and create a build up of toxins. .
Yeast produce waste just like humans. The primary waste product of yeast is acetaldehyde. Since Candida multiplies so rapidly, the build-up of acetaldehyde toxins can overwhelm your body. This acetaldehyde can be transformed into ethanol and converted by the liver into alcohol. In addition the excess alcohol of a Candida outbreak can produce symptoms of being drunk, mentally confused, dizzy and disoriented as if one had overindulged in alcohol consumption.
C. Orian Truss MD has found that the metabolic and toxic potential of Candida albicans includes the capacity to produce multiple toxins. Many yeast organisms can metabolize sugars to pyruvate and this in turn is anaerobically converted to acetaldehyde and carbon dioxide. Chronic CO2 production may account for the persistent bloating and gas noted clinically by many patients with chronic candidiasis. Some strains of Candida can reduce acetaldehyde to ethanol. This would be rapidly absorbed and contribute to a raised blood alcohol level. This was printed in The Journal of Orthomolecular Medicine, Volume 13 # 2.
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COMMERCIAL DRIVER'S LICENSE WARNING!!!!
PILOT WARNING!!!!
PROFESSIONAL CERTIFICATION WARNING!!!!
Metro Atlanta DUI Lawyer Recent DUI success stories: The only unwinnable DUI is the untried DUI! Stay tuned for more victories. The wins just keep on coming! Past success does not guarantee future results only a dedication to winning your DUI, hard work and our clients.
1) DUI DeKalb County, Georgia: February 20, 2008. Client involved in single car accident after falling asleep. Client had been performing charity work with his Bank/Employer earlier in the day and finished the morning work with a sunday brunch that included 1-2 Mimosa's or champange and orange juice. Later that evening while driving home, Defendant fell asleep at wheel and ran off the road. Client had been working long hours and had an eye infection. Medics arrived and began treating his injuries including shoulder and chest pain and bruising. Police arrived and pull client out of ambulance. Gave field evaluations including eye test, one leg stand and walk and turn. Eye test was thrown out as improperly performed. Client passed one leg stand but allegedly failed walk and turn, although it was poorly instructed. Client testified. Jury found client NOT GUILTY on DUI in 20 minutes.
2) DUI Fulton County, College Park, Georgia: October 3, 2007. Client involved in rear end accident without serious injuries and with little or no property damage with another driver on exit ramp to freeway in December of 2005. Recommendation prior to trial was 30 days in jail with probability of 12 months in jail after a loss at trial. Similar transactions were excluded based on lack of proper notice. Client refused all field test and breath tests and allegedly cursed officer. Client claimed that he did not curse officer and requested a blood test. Accident victims and 2 police officers testified that Defendant was drunk, had slurred speech, threw bottles from vehicle, but their testimony was inconsistent. Evidence existed that victims met with Officer prior to trial and discussed case. Evidence existed that victims were trying to bring a civil suit to collect damages. Police officers did not produce video tape and testified that they never looked for video tape and police report was lost. Jury found the inconsistencies in Officer testimony and victim testimony too great to overcome reasonable doubt. Client found NOT GUILTY on all DUI Alcohol and Drug counts.
3) DUI Henry County, Georgia: September 26, 2007. Client arrested for DUI in July 2006. While case pending client arrested in November 2006. Recommendation was 30 days in jail. Client wanted to plea to first DUI, but denied DUI on second case. Witness problems caused the second DUI to be tried first. Client was pulled over for failure to maintain lane, i.e., driving in Henry County after midnight. Specialized DUI "HEAT" Officer alleged client hit center line and fog line twice in a mile, stumbled getting out of car, spoke too crisply, and stood too stiff-not loose enough. As if you could will yourself not to slur and sway when intoxicated. Client refused both field tests and breath tests on attorney advice. Video showed no weaving, no stumbling, and client spoke with a clear voice telling his father on cell phone that he had maybe two beers in four hours. Court allowed the State to bring in witnesses from first DUI as a "similiar transaction" even though client had not been convicted of that DUI. Jury deliberated intensely for 7 hours before returning with NOT GUILTY verdicts on all counts including the failure to maintain lane and DUI. Client pled to first DUI after trial with no license suspension and less than 24 hours in jail.
4) DUI Clayton County, Georgia: September 4, 2007. Client put on jury trial for DUI less safe after being observed weaving over the roadway and sleeping at a traffic light. Client did not show red and glassy eyes, slurred speech, no stumbling or staggering, and walked the line. She claimed that she consumed one wine and was sleepy not impaired. Officer neglected to read implied consent at scene so no breath test was in evidence. State offered client a reduction to reckless driving during jury selection when majority of jury panel indicated that they would require a breath test to convict client. Client's DUI charge was DISMISSED and she pled to reckless driving a 4 point traffic offense.
5) DUI Henry County, Georgia: August 30, 2007. Client put on jury trial for DUI less safe and speeding. Client was traveling from a work Christmas party where she had consumed three alcoholic beverages. She was stopped for speeding by the Henry County Police. The Officer observed her for over 2 miles and saw no weaving or drifting within the lane. When he pulled her over her eyes were normal, her speech was normal, her walk was normal, and she did not fumble for her license. Another officer arrived with a field breath test who determined she was positive for alcohol. A third officer arrived. He was a special DUI officer on a specialized HEAT Unit. The officer testified that the HEAT Unit is required to make 30 DUI contacts a month, and they enforce the Zero Tolerance Operation. The Officer testified that he is expected to arrest as many people as possible for DUI. The HEAT Officer testified contrary to the other Officers that the client had red and glassy eyes, slurred speech and was unsteady on her feet. The Client declined to perform field tests and refused the breath test at the police station. The jury deadlocked 5 NOT GUILTY and 1 guilty and a mistrial was declared. A retrial is not expected.
6) DUI Henry County, Georgia: August 28, 2007. Client put on jury trial for DUI less safe. Client rear-ended another driver at a stop light because she was answering her cell phone. She testified that she drank between 2-4 beers from pitchers over a period of 4 hours. Officer asked for field sobriety tests, and she refused claiming that she had friends who were police who told her not to take the tests. Officer alleged that she had strong odor of alcohol, mumbled speech, and "glossy" eyes. There was no indication that she was unsteady on her feet. She was taken to Jail for DUI where she refused the breath test on the Intox 5000 claiming a police officer friend told her not to blow in this situation. The Jury was out for 30 minutes and came back with a NOT GUILTY verdict on DUI less safe. The case was tried by DUI Attorney Kevin Duda of our office.
7) DUI Henry County, Georgia: June 16, 2007. Client put on jury trial for DUI less safe. Client pulled over for speeding 86 in 65 on I-75 near Jodeco Road Exit. Client showed 6/6 clues on HGN, broke stance on walk and turn, took improper number of steps and turned in wrong direction. Client passed One Leg Stand. Client had been attacked in a bar parking lot, Crazy Horse Saloon, in Clayton County and had blooded nose, swollen lip and cuts and scratches on face and around eyes. Jury attributed clues on field tests to injury. Client testified to drinking 1-2 beers and being designated driver. Client found NOT GUILTY ON DUI by jury and admitted speeding.
8) DUI Clayton County, Georgia: May 24, 2007. Client put on jury trial for DUI less safe. Client pulled over for driving on the wrong side of the road and failure to maintain lane. Client performed field tests and missed touching heel to toe on walk a line and counted incorrectly on the one leg stand. Clayton County Heat Unit Officer Derek Presley testified inconsistently with trial testimony, with his police report and with the video. Client was arrested and blew 0.079 under the legal limit. The Prosecutor stubbornly would not reduce or dismiss the DUI charge. At first trial, the Jury deadlocked 4 to 2 on the DUI and a mistrial was declared. Second Trial Jury found client NOT GUILTY of all DUI charges in fifteen minutes. Jurors commented that Officer testimony inconsistencies demanded not guilty verdict.
9) DUI Atlanta (Virginia Highlands) , Fulton County, Georgia: May 3, 2007. Client put on jury trial for DUI after his car was stuck in an abandoned field on an old railroad track bed. Client was being driven by a friend who fled the scene. The friend testified at trial that he actually drove. The Police said no way another person drove the vehicle. A neighbor testified that there was only one person at the scene although it was dark and he could not identify client. The Friend's girlfriend testified that she received a call from client stated that her boyfriend abandoned him when the car got stuck even before the police arrived. Jury believed that another person drove and the State had accused that the act occurred on a local street when the act occurred in a vacant lot. Client found NOT GUILTY on all charges.
10) DUI McDonough, Henry County, Georgia: April 16, 2007. Client put on jury trial for DUI prescription drugs. Jury selected. Court heard pre trial motion regarding legality of traffic stop based an anonymous tip. Court held stop not made with articulable suspicion because vehicle was parked and police activated blue lights before observing illegal activity. Case dismissed by Judge. State is deciding whether to appeal.
11) DUI Hampton, Henry County, Georgia: February 28th, 2007. Client put on jury trial for DUI per se under 21 (0.02 as opposed to 0.08 legal limit), DUI less safe. Client was stopped at a road block. Client was not observed driving unsafely. Client testified to consuming 2 beers over two hours and taking NyQuil cold medicine which client did not know was 10% alcohol (more than beer or wine close to a liquor). There was no video. Client turned heel after getting out of car. Client did not follow directions on HGN (eye twitching test). Client walked a line with maybe 1 or 2 minor faults. Client could not stand one leg for 30 seconds and testified that he could not do that under normal circumstances. Client took a breath test and blew 0.07 or 3.5 times over the under 21 limit. Officers admitted breath machine has +/- 0.02 margin of error and that he did not observe Defendant for twenty minutes prior to test to ensure no residual or mouth alcohol. Jury found client NOT GUILTY on all counts.
12) DUI Atlanta, Fulton County, Georgia: February 8th, 2007. Client put on jury trial for DUI per se (.126), DUI less safe. Client was sleeping in a parking lot of a Fire Station keys in ignition, engine running at 5:00 am. Police respond to 911 call from the Fire Department of a suspicious vehicle. Police assumed client drove. Police exaggerated client's statement of driving and later added he was paraphrasing and concluding. Officer admitted that he never asked client if he drove and client never used the work driving in response to questioning. Client was pulled from car and given field evaluations. He showed 6/6 clues on HGN but did not follow training, missed heel to toe on walk and turn, and client passed the one leg stand. Client was arrested and taken to jail and blew 0.126 on the Intoxilyzer 5000. Officers did not follow their training in the breath test procedures. The jury came back NOT GUILTY ON ALL COUNTS based on a lack of proof of driving beyond a reasonable doubt.
13) DUI Fayetteville, Fayette County, Georgia: January 24, 2007. Client put on jury trial for DUI less safe, DUI per se (.201) and failure to maintain lane. Client was driven from a bar near the Atlanta Airport to a park in near Fayetteville in Fayette County and left to sleep by a coworker after drinking too much. The police arrived and found client asleep not knowing how he got to the park. The police performed field evaluations including the ABC, five finger dexterity, alcosensor and arrested. Client blew .201 on the Intoxilyzer 5000 at the police station. The State contended that client moved his car in the park. Client contended that he did not move car but started it and it would not move as it was stuck in a hole on the side of the park driveway. The jury found for the Defendant that there was a reasonable doubt that he moved the car. The Jury found Client NOT GUILTY on ALL CHARGES.
14) DUI Clayton County, Georgia: December 22, 2006. Client put on jury trial for DUI less safe. Client pulled over for driving on the wrong side of the road and failure to maintain lane. Client performed field tests and missed touching heel to toe on walk a line and counted incorrectly on the one leg stand. Client was arrested and blew 0.079 under the legal limit. The Prosecutor would not reduce or dismiss the DUI charge. The Jury deadlocked 4 to 2 on the DUI and a mistrial was declared. Client was found guilty of the traffic violations and sentenced. A retrial on the DUI charges is possible but unlikely at this time.
15) DUI Peachtree City, Fayette County, Georgia: Nov. 15, 2006. Client under 21 put on jury trial with underage DUI .02. , DUI less safe, failure to maintain lane. Client pulled over for weaving and camera flashes. Officer performed field evaluations which video showed she performed well. Officer took client into custody for suspicion of DUI and read breath test rights at scene. Client taken to station give Intox 5000 and blew 0.05. Officer then arrested for DUI. Since client not arrested during breath test rights and breath test, Judge threw out breath test. State offered to let client plea to reckless driving and both DUIs were dismissed. For DUI Fayette County is know as one of the toughest jurisdictions in the State with the toughest Juries, Judges and Prosecutors and is know by lawyers as Fayettenam.
16) DUI, Atlanta, Fulton County, Georgia: Nov. 2, 2006. Client put on jury trial for DUI breath test/less safe, reckless and open container. Client pulled over for drinking a beer while driving and weaving every time he took a drink. Client admitted two beers previously. Client had been ticketed an hour and half earlier with no indication of alcohol by another officer for a simple traffic violation. Client had normal speech, eyes, walk, and face. Client show clues of impairment according to Officer on HGN, walk and turn and one leg stand. Video showed client appearing sober but not performing fields perfectly. After arrest officer told client that he might let him go if he blew under legal limit, so Court excluded breath test as Officer negated arrest necessary for Implied Consent. Jury found client NOT GUILTY on DUI and guilty on reckless driving which client had offered to plea to before trial.
17) DUI Henry County, Georgia: Oct 26, 2006. Client put on jury trial for DUI less safe/refusal. Client seen making a wide turn out of a driveway at 3 am on two lane road, then observed hitting the fog line twice in half mile. Defendant steady getting out of car. Six of six clues on HGN. Did not touch heel to toe on walk and turn. Foot down twice on one leg stand. Refused breath test. Client's passenger testified that client drove fine and was not noticeably impaired. Jury found client NOT GUILTY on all charges. Jury found lane changes not made without safety and too much evidence of what client did right on field evaluations to find less safe beyond a reasonable doubt.
18) DUI Fayette County/Peachtree City, Georgia: October 5, 2006. Client put on jury trial for DUI. Police smelled alcohol at gas station. Police assumed client drove. Police inconsistent on video, courtroom testimony and police report. Client did well on field tests despite allegations of police. Video clearly showed sobriety. Police exaggerated impairment on witness stand undermining their credibility. Intox 5000 official state breath test showed .093. Breath has a 0.02 sample variance raising doubt that actual blood alcohol could be under 0.08 legal limit. Machine displayed error messages during testing raising doubt as to accuracy. Officers did not wait 20 minutes prior to test in violation of GBI procedures raising doubt as to mouth alcohol. Officers operated radios during test in violation GBI procedures raising doubt as to radio frequency interference. Jury found client NOT GUILTY on all charges. Fayette County is one of the toughest DUI jurisdictions in the State in terms of judges, juries and prosecutors.
19) DUI, City of College Park, Fulton County, Georgia: Sept. 26, 2006. Client put on jury trial for DUI, Failure to Maintain Lane and Open Container. Client was stopped after he was observed weaving and pulled into a parking lot. Officer proceeded with field evaluations which Officer alleged client failed. Video showed sobriety. Client submitted to a Intox 5000 breath test with the results of .145. Client requested a blood test but was denied. Officer did not wait twenty minutes prior to Intox breath tests as required by GBI procedures. Judge denied motions to exclude breath tests. Jury found client NOT GUILTY on all charges. Open container was thrown out by judge for lack of evidence.
Non-DUI Criminal
1) Drug Possession Clayton County, March 2008. Client arrested during a search of a house where he was sleeping. Search warrant listed address and not client. Police entered house , woke client up and searched Client and found no weapons but emptied his pockets without consent upon feeling a small pouch. Police are not allowed to search persons other than for weapons when executing a search warrant when the person is not listed in the warrant or without consent or probable cause of criminal activity. The alleged drugs were excluded from evidence as a result of the illegal search. Case against client was dismissed. Owner of house pled guilty to possession but Client's criminal charges were DISMISSED. Client has since completed successfully a drug rehabilitation program in case he was convicted in order to reduce his punishment. It is always important to have a back up plan to "not guilty." Additionally, this is a win/win for client as the criminal charges are dismissed and he gets treatment for any drug or alcohol addiction.
2) ARMED ROBBERY PARTY TO A CRIME, City of Atlanta/Buckhead, Fulton County, Georgia: March 23, 2007. Client put on jury trial for being in a car with person identified in a pedestrian armed robbery. After a five day trial driver was found guilty and client was found not guilty of party to a crime armed robbery along with 3 other co-defendants, despite identification of client in a car near the incident soon after the robbery. Victim described his assailant as 5'9" and not 6'3", wearing a red shirt , baggie pants and braids, described a green Chrysler Sebring as opposed to a silver Chevrolet Impala found, did not mention a Caribbean accent, not wallet or credit cards found in car twenty minutes after incident, guns in car did not match gun in incident. The only link to the victim was a cell phone allegedly found in the co-defendant driver's pocket which was not cataloged or photographed unlike every other piece of evidence in incident. Client found NOT GUILTY by jury of party to a crime armed robbery.
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October 2006: ten DUIs reduced to Reckless Driving without trial; two cases DISMISSED without a hearing.
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November 2006: four DUI charges reduced to Reckless without trial; one DUI case DISMISSED without a hearing. one DUI charges offered Pretrial Intervention or dismissal with DUI/alcohol classes.
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December 2006: seven DUI charges reduced to Reckless Driving without trial. one suspended license dismissed just by filing a motion to suppress with no hearing!
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January 2007: three DUI charges reduced to Reckless Driving without hearing. One Clients offered Pretrial Intervention (dismissal) without hearing.
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February 2007: two DUI charges reduced to Reckless Driving without hearing. Two Clients offered Pretrial Intervention (dismissal) without hearing.
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March 2007: four DUI charges reduced to Reckless Driving without hearing.
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April 2007: three DUI charges reduced to Reckless Driving without hearing. One DUI dismissed by prosecutor at hearing based on illegal stop.
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May 2007: one DUI reduced to Failure to Exercise Due Care; one DUI dismissed for failure to prosecute; two Possession Marijuana with intent to distribute reduced.
- June 2007: two DUI charges dismissed: One for failure to prosecute at jury trial and one dismissed for lack of probable cause to arrest; one traffic case dismissed for failure to prosecute; one DUI reduced to reckless driving.
- July 2007: four DUI charges reduced to reckless driving. One Driving on a Suspended License to no License on person
- August 2007: four DUI charges reduced to reckless driving. Three DUI charges dismissed. Marijuana Possession reduced to disorderly conduct.
- September 2007: four DUI charges reduced to reckless driving. One DUI dismissed after a motion to suppress. one DUI reduced to failure to exercise due care. A Felony Criminal Damage reduced to Misd. Criminal Trespass
- November 2007: four DUI charges reduced to reckless driving.
- December 2007: seven DUI charges reduced to reckless driving.
- January 2008: five DUI charges reduced to reckless driving. One drinking and driving charge dismissed.
- February 2008: seven DUI charges reduced to reckless driving.
- March 2008: two DUI charges reduced to reckless driving. One public intoxication dismissed.
- April 2008: one DUI dismissed at Jury Trial; one DUI reduced reckless driving; one drug possession dismissed on an illegal search; Aggravated Assault reduced to Reckless Conduct.
- May 2008: one DUI charge reduced to reckless driving.
- June 2008: five DUI charges reduced to reckless driving.
- July 2008: four DUI charges reduced to reckless driving; carrying a concealed weapon reduced to disorderly conduct.
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