Blog News -

American Bar Association creates criminal collateral consequences database

The American Bar Association has developed a search engine for collateral consequences of criminal convictions. You can search the consequences of criminal convictions by keyword or consequence such as employment or driving privileges. You can also search by type of criminal offense. It searches state and federal laws as well as administrative regulations. Using the keyword […]

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Wallace v State – Yes or No Georgia DUI Implied Consent can be used against you

Wallace v. State, A13A0942, PH-035C., Court of Appeals of Georgia, Decided: November 22, 2013.  Willam Glynn Wallace was arrested for DUI.  The arresting officer read Wallace Georgia Implied Consent. Wallace refused a breath test.  Wallace then asked the arresting officer what would happen if he said yes to the test and could it be used […]

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Georgia Dept Driver Services introduces online license reinstatement

The Atlanta Journal-Constitution reported on November 12, 2013, that the Georgia Department of Driver Services has enabled online reinstatement of canceled, revoked, or suspended driver’s licenses.  This could prove to be a big time-saver for those whose licenses have been suspended for Georgia DUI convictions. More information about online reinstatement of driver’s licenses after a […]

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Cawley v State – Constitutional Speedy Trial Requires findings of fact

Cawley v. State, A13A2238, October 25, 2013. The Georgia Court of Appeals vacated the Glenn County Trial Court denied of a Constitutional Motion for Speed Trial in a case involving a 2009 arrest that was not brought to Trial by April 2013. The Brunswick Georgia Trial Court issued an order summarily denying the Constitutional Motion […]

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Did you know a DUI arrest can disqualify you from unemployment benefits

On October 29, 2013, HR.BLR.com reported a decision of the Kentucky Supreme Court that a DUI arrest, even without a conviction, is enough to disqualify an employee arrested for DUI from unemployment benefits. Most states require you to be entitled to unemployment benefits that you be fired for no fault of your own. So unless you […]

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What happens to my license if I get a DUI in Georgia but have a license from another state?

What Happens if a Police Officer Takes my Out of State license in a Georgia DUI arrest? A. Georgia DUI with an out of state license If an officer takes your out-of-state license because you were arrested for a DUI  in Georgia, you are subject to a license suspension from the state which issued your license […]

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EEOC sues Dollar General and BMW for policy of firing after positive criminal background checks

The Federal Government Agency given the responsibility of enforcing U.S. Discrimination laws, the Equal Employment Opportunity Commission, is bringing the hammer down on companies that discriminate against employees because of positive criminal background checks. This matters to us because many of our clients get fired or can not get hired because of their Georgia DUI […]

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Sauls v. State-Substantially Incomplete Implied Consent-Officer Interrupted – Refusal Suppressed

Sauls v. State-S12G1292-Implied Consent-Officer Interrupted, Refusal Suppressed (June 17, 2013) Reversing a prior ruling from the Georgia Court of Appeals and excluding the Breath test from the Carrollton Trial Cout in this Georgia Per Se DUI case, this Court held that the Caroll County police officer made a material omission in reading implied consent after […]

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State v Carr – Illegal Search and Seizure – Passengers are people too

State v. Carr – A13A0651-Search & Seizure-Passengers Have Rights Too June 11, 2013 The Fourth Amendment still has legs in the State of Georgia.  And if a prosecutor tries to justify a search and seizure based on officer safety concerns, it might be a good idea to have the officer testify.  On June 4, 2013, […]

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