CHARGES REDUCED: Failure to Maintaine Lane – Mediocre Field Tests – Refusal: Pleaded to Reckless Driving
The client allegedly crossed over lanes and ran onto the curb, then proceeded to swerve back onto the roadway and straddle the center lane line. The client was pulled over and when the officer approached the vehicle he noticed a strong odor of alcohol. The officer notified a DUI Unit Officer to meet him for […]
Read MoreSB 236 License Suspension Reform
On January 1, 2013, the license suspension reforms outlined in Georgia Senate Bill 236 will go into effect. We’ve provided a synopsis of the new law below. For the first DUI conviction in 5 years or a first Administrative License Suspension resulting from a Per Se DUI charge, but not a suspension for an ALS […]
Read MoreFines, License Suspensions, Community Service, and Now Boot Locks – Montana Tests New Preventative DUI Measure
Georgia DUI law is relatively strict. For a first DUI conviction, an individual is subject to the possibility of two separate license suspensions, fines ranging from $300-$1000 without court costs, 40 hours of community service, and the prospect of 24 hours to a year in jail. Although it is not a competition, Butte, Montana law […]
Read MoreCLAYTON COUNTY STATE COURT: Asleep at the Wheel – Refusal – Poor Field Tests: Client Found Not Guilty of All Charges
The police found our client asleep at the wheel with his vehicle stopped and running in the south end of Clayton County. After being roused, our client sat on his rear fender. Reportedly, when asked to approach the police car for field sobriety tests the client staggered back and forth violently enough for the officer […]
Read MoreCHARGES REDUCED: Failure to Maintain Lane – Speeding – Refusal: Pleaded to Reckless Driving
The client allegedly was speeding and driving erratically. The officer paced the offender and reported his vehicle speed at 87 mph as our client was pulling away from him. The speed limit was 65 mph. Allegedly, our client continued to drive erratically, speeding and weaving in between cars. According to the police report, there was […]
Read MoreFULTON COUNTY STATE COURT: Failure to Maintain Lane – Refusal: Client Found Not Guilty of DUI and FTML
The client was pulled over for failure to maintain a lane on Old Alabama Road and Buice Road in Johns Creek in Fulton County. Officer reported that when he approached the window the client’s eyes were bloodshot and that he could smell the odor of alcohol emanating from his person. The client stated that he […]
Read MoreGeorgia DUI Law Disregards Key Phase of Alcohol Digestion, Puts Innocent Drivers in Peril
In Georgia, one definition of DUI, DUI per se, is such that if a state-administered test finds an individual’s BAC to be .08 or higher within three hours of driving, that person is deemed to have been driving under the influence. But considering the nature of alcohol’s digestion and dissipation, the three-hour window written into the […]
Read MoreNew Jersey Attorney Questions Legitimacy of Breath Test, Cites Radio Frequency Interference
A New Jersey court of appeals recently ruled that attorneys are not allowed to inspect photographs of the rooms where police perform breath tests. The case was prompted by a New Jersey attorney who claimed that he was entitled to inspect photographs of the breath test to ensure that there were no electronic devices present […]
Read MoreObamacare Ruling Questions Federal Mandates Attached to State Funding, Opens Constitutional Challenge to State DUI Laws
In the wake of the Obamacare Supreme Court decision, the leverage given to the federal government to dictate state policy through funding may be weakened. Currently, the federal government uses the prospect of funding to influence state law. For instance, it’s up to a state legislature to decide the legal drinking age, driving age, and legal […]
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