Your Georgia DUI or Atlanta DUI is finally over.  You won or lost.  The Judge entered some disposition on the record.  What does it mean?  Guilty, Not Guilty.  Those are the easy ones that mean you lost or you won.  What is a Nolle Pros, a Dead Docket, Nolo Contendre, or First Offender?   A "Nolle Pros" or nolle prosequi is just latin for "no prosecution."  This is basically a dismissal with leave to refile an accusation or an indictment on the criminal charge at any time within the statute of limitations which is two years for misdemeanors or DUI cases.   A Dead Docket is a legal fiction where a case is basically dismissed and put on a case docket that is dead or is never called for trial.  It is neither a conviction nor an acquittal.  

  Georgia Courts have described it as follows: "Dead-docketing has been characterized as a
case is still pending which can be called for trial at the judge'sprocedural device by which "the prosecution is postponed indefinitely but may be reinstated any time at the pleasure of the court." [Cit.]"Placing a case upon the dead docket certainly constitutes neither a dismissal nor a termination of the prosecution in the accused's favor. A pleasure, or upon which the accused can make a demand for trial."   State v. Creel, 216 Ga. App. 394, 395 (454 S.E.2d 804) (1995). See also Freeman v. State, 264 Ga. 27 (440 S.E.2d 181) (1994) (where a murder charge wasplaced on the dead docket in return for a statement and testimonyagainst another defendant); and State v. Marcus, 206 Ga. App. 385 (425S.E.2d 351) (1992) (where a case was removed from the dead docket andreturned to active status)."

Georgia Courts have also held that a Dead Docket over objection by the Defendant or accused is prohibited. The United States Supreme Court has declared entry of the nolle prosequi "with leave" over defendant's objection to be unconstitutional ( Klopfer v. North Carolina, 386 U.S.213 (87 SC 988, 18 LE2d 1)). Georgia Courts have followed this decision and found that a trial court here abused its discretion when it placed the case on the dead docket over defendant's objection.  Beam v. State, 265 Ga. 853, 855 (1995).

"Nolo" or nolo contendre is just latin for no prosecution.  It means that you are neither pleading guilty nor innocent but merely not contesting the charge and accepting the punishment.  It is the same as a guilty plea except it can not be used against you as an admission in a subsequent civil suit.  Prior to 1997, a "nolo" would prevent a license suspension but the legislature rewrote the statute to make a "nolo" a conviction for driver's license suspension purposes.  

First Offender is a resolution allowed by law  wherein a Defendant pleads guilty but the charge is held in abeyance and if probation is sucessfully completed the charge is dismissed at the end of probation.  It is not a conviction.  However, if you violate probation the Court can bring you back and sentence you to the maximum sentence allowed by law as if you had never completed any portion of the probation period.   This is known as the bad side to first offender probation. 

    You are considering the case of the State of Georgia versus Joe Dui.

    The Defendant in this case has been charged in an accusation filed by the Solicitor General of Henry County with driving under the influence of alcohol and failure to maintain a lane.

    This accusation was filed in Court (as amended) on October 10, 2006.  To this accusation the Defendant has entered pleas of not guilty.  The Accusation and the pleas of  not guilty form the issues which you have been selected, sworn and empanelled to try.

Burden of Proof

    I caution you that the fact that an accusation has been brought against this Defendant is not evidence of his guilt.  You should not consider the accusation as evidence or implication of guilt.

    The Defendant is presumed to be innocent until proven guilty.  Every Defendant enters upon the trial of the case with a presumption of innocence in his favor.  This presumption remains with the Dfendant until it is overcome by the state with evidence that is sufficient to convince you beyond a reasonable doubt that the Defendant is guilty of the offense charged.

    No person shall be convicted of any crime unless and until each element of the crime is proven beyond a reasonable doubt. 

75% of America's state prison inmates are high school dropouts (Harlow, 2003).

* 59% of America's federal prison inmates did not complete high school (Harlow, 2003).

* High school dropouts are 3.5 times more likely than high school graduates to be arrested in their lifetime (Alliance for Excellent Education, 2003a).

* A 1% increase in high school graduation rates would save approximately $1.4 billion in incarceration costs, or about $2,100 per each male high school graduate (Alliance for Excellent Education, 2003a).

* It costs $11,570 to educate a single child for one year in 2005 in the Atlanta Public School System. Robert J. Eger, III, Ph.D., Cost Per Student Analysis Update, at the Andrew Young School of Policy Studies, Georgia State University. 

 During November of 2001,
the Georgia Jail Summary reported the number of
individuals in county jails at 29,636. The number consisted
of 17,366 awaiting trial, 4,763 county inmates, 4,235 other
inmates and 3,268 sentenced to state prisons or parole /
probation issues.

Quality Control Measures During an Intoxilyzer 5000 Inspection

Definition: Merriam – Webster defines “Quality Control” as

An aggregate of activities designed to ensure adequate quality, especially in manufactured products.

Requirement for Instrument Inspections:

Requirements are in place for a minimum number of inspections at specific intervals.  Only qualified personnel may conduct this inspection following the specific guidelines/procedures set forth by the State and/or manufacturer.

A.     Specific glassware should be used when measuring solutions or liquids for this inspection.

Why should Class “A” Glassware be used.
             - Volume accuracies and capacities are permanently marked.
          -To deliver – pipettes, exact amounts are delivered.
             - Ensure the instrument is on and is properly warming up.  (at least 30 minutes)
             - All test results should be recorded and made available for public record.

 B.     Simulator Requirements – manufacturers requirements and state requirements for proper usage.  Some states rely on the manufacturer for guidelines.

    1.  Requires use of properly operating simulators.
   2.  Requires proper warm up times for simulator use.           (30 minutes)
   3.  Requires the simulator to be leak resistant.
   4.   Requires adherence to temperature range.(34 degrees c +/- 0.2 c)

Special note – most manufacturers require an annual requirement for calibration.  Check calibration dates for simulators.  This calibration is to set within certain limits +/- a small window of temperature °C using a NIST traceable digital thermometer.

C.  Reference Solutions

                        1. The use of approved, sealed, non-expired solutions is a must.
                  2. Proper and accurate amounts of solutions are to be used.
                  3. Proper care for tools and equipment during and after conducting                                                            inspections.

D. Use only calibrated and certified equipment.

                            1.  Simulators, thermometers, and pressure gauges.  These must have a NIST                                   traceable source is most circumstances.

281-481-5715; This email address is being protected from spam bots, you need Javascript enabled to view it .  For the full text click the read more tab.

        Having quality DUI Experts available for Courtroom testimony is a crucial weapon needed to beat botched DUI arrests.   All police officers make DUI arrest, but some utilize standardized field sobriety evaluations like the eye test (HGN), walk and turn, and one leg standard with as little as a few hours of training and usually no more than 40 hours training or an average 8-5 work week.  How much did you learn in the first week of school?  This means that Officers make frequent and devasting mistakes and errors that lead to errors in judgment.  Most jurors know as much or more than police officers about field tests after sitting through one trial!  This is when having a qualified expert to communicate Officer mistakes and errors in field tests and explain the devasting effects these mistakes can have on the lives of innocent and law abiding citizens.  Ron Lloyd is such an expert.  For more information about Ron Lloyd follow the more link.

Pilot DUI Issues

Reporting Requirements

Under 14 CFR 61.15, all pilots must send a Notification Letter  to FAA’s Security and Investigations Division within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. In 14 CFR 61.15(c), alcohol-related convictions or administrative actions refer to motor vehicle actions (MVA).

Notification Letters

Note: Each event, conviction, or administrative action, requires a separate Notification Letter. For example, an airman’s driver license may be suspended at the time of arrest for driving under the influence of alcohol for either:

• Failing a blood/breath test
• Refusing to test

The airman must send a Notification Letter for the suspension, then send a second Notification Letter if the alcohol related offense results in a conviction. Even though the airman sent two notification letters, FAA views the suspension and conviction as one alcohol-related incident.

Send Notification Letters to:

To speed processing, the letter must contain the following information:

• Name, Address, Date of Birth, Certificate Number, Telephone Number
• Type of Violation (conviction and/or administrative action)
• Date(s) of Action(s)
• State Holding the Record
• Driver License Number or State ID Number (if not licensed)
• Statement whether this relates to a Previously Reported MVA

History

The DUI/DWI compliance program began in November 1990 by Congressional act. The final rule published in the Federal Register on August 1, 1990, is Federal Aviation Regulation 14 CFR Parts 61 and 67. 

Frequently Asked Questions

Where do I send my Notification Letter   ?
Send the letter to:
Federal Aviation Administration (FAA)
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to (405) 954-4989

Do I have to report anything other than alcohol-related convictions?
Yes, under 14 CFR Part 61, you must report alcohol-related administrative actions, whether a conviction took place or not. Administrative actions and convictions are also reportable under Part 67, the airman application for a medical certificate.

If the charge of Driving Under the Influence (DUI) is reduced to Reckless, Careless, or Negligent driving by the court, do I have to report it?
No, the FAA does not consider a conviction for Reckless, Careless, or Negligent Driving a reportable motor vehicle action (MVA). However, you must report the first suspension, if any.

How long do I have to report my alcohol-related motor vehicle action (MVA)?
You have 60 days from the effective date of the administrative action (driver license suspension, revocation, or cancellation) or conviction. (The 60-day period does not begin with the arrest date.)

• Compile a case file
• Verify your airman status
• Get your driver history from the state that holds the record
• Compare information from the Notification Letter to the information on your driver history

• You are not in violation of 61.15(d) (two MVAs within three years)
• You disclosed the action on your Application for Airman Medical (if applicable)
• You comply with 14 CFR 61.15(e) (Notification Letter)

I received an alcohol-related MVA, but failed to report it within the 60 days. What should I do?
Report the MVA as soon as you become aware of the reporting requirement. A written report received after 60 days, but before the FAA discovers the MVA, is normally considered a mitigating factor when determining sanction.

What happens if I fail to report an alcohol-related MVA and FAA finds out about it?
FAA begins a formal investigation. The FAA will send you a Letter of Investigation giving you the opportunity to respond, in writing, to the alleged violation(s).

Will FAA discover that I have an alcohol-related MVA if I don't report it?
Yes, FAA Form 8500-8 "Application for Airmen Medical" contains an express consent provision which authorizes the National Driver Register (NDR) to release information about your driving record to FAA. Information on the NDR record will contain pointers to states that keep a driving history on you. FAA will get these records to determine if you have a reportable alcohol-related MVA.

Who has access to the records kept by the DUI/DWI Compliance Program?
Only investigators assigned to the DUI/DWI program have access to the information files.

I have more questions. How can I contact your office for more information?
You may contact a DUI/DWI investigator Monday through Friday from 8:00 a.m. to 4:30 p.m. CT at (405) 954-4848. Please Note: You must send a written notification of your alcohol-related MVA. You may not give this information by telephone.