The DEA’s Move to Reclassify Marijuana: Implications for Atlanta Georgia DUI Cases
As a prominent Atlanta Georgia DUI lawyer, we are committed to staying abreast of the latest developments in the legal landscape that may affect our clients. Today, we’re discussing a significant announcement by the U.S. Department of Health and Human Services (HHS) recommending to the Drug Enforcement Administration (DEA) that marijuana be reclassified from a Schedule […]
The Unintended Consequences of Lowering the DUI Legal Limit: A Closer Look
In the late 1990s, a significant shift occurred in the fight against drunk driving across the United States. States began to lower the legal blood alcohol concentration (BAC) limit for a per se DUI from 0.10% to 0.08%. This change, championed by many as a necessary step towards safer roads, was expected to lead to […]
Navigating Georgia Marijuana DUI Arrests: Insights from George Creal
In light of the recent Wall Street Journal article published on February 5, 2024, titled “Marijuana Messes With Your Driving for Longer Than You Think: Weed affects you differently than alcohol, and it can be harder to figure out when it’s safe to drive,” the complexities surrounding marijuana use and driving have become a hot topic […]
Dui Refusal Has to Be More Probative Than Prejudicial
The case of “Randall v. State, S23A1118” decided on January 17, 2024, by the Supreme Court of Georgia, revolves around the suppression of evidence related to Antonio Rodrick Randall’s refusal to submit to a blood test following his DUI arrest. In an earlier decision, “State v. Randall, 315 Ga. 198, 880 S.E.2d 134 (2022)” (referred […]
What is an arraignment?
What is an Arraignment Date? An arraignment is a court hearing where the defendant is formally advised of the charges against them and enters a plea. The arraignment is the first time that the defendant will appear in court, and it is an important opportunity to learn about your rights and options. What Happens at […]
Using tear gas and rubber bullets during peaceful protest is illegal
A Colorado Federal District Court ruled on June 5, 2020, that police use of tear gas and rubber bullets was illegal as an excessive force under the Fourth Amendment, the First Amendment as a violation of free speech as the First Amendment bars retaliation, and that protesters suffered irreparable harm. The Federal District Court held […]
Are Atlanta Georgia Curfews Legal
The United State Supreme Court has yet to examine civil curfew laws. In Toyoshaburo Korematsu v. United States, 323 U.S. 214 (1944), the United States Supreme Court professed to apply “the most rigid scrutiny” to the internment of Japanese-Americans during World War II but nevertheless found the “assembling together and placing under guard all those of […]
Can police use blood taken at a hospital against me in a DUI?
Can the police use my hospital records after a car accident for a DUI? The short answer is yes even though there are 25 reasons that they should not. In King v. State, 276 Ga. 126, 577 S.E.2d 764 (2003)(King II), the Georgia Supreme Court approved the use of search warrants as a means of obtaining […]
New Georgia protections to guard against eye witness misidentification in lineups and showups
O.C.G.A. 17-20-1, 17-20-2 and 17-20-3 went into effect on July 1st, 2016 to ensure fairer and more balanced procedures for eyewitness live lineups, photo lineups and show ups. These new procedures were created to help reduce wrongful convictions due to faulty eye witness identification in court. Memory is fabricated and not real. Recency has the potential to […]