Aggressive Driving in Georgia
Aggressive Driving under OCGA 40-6-397 Aggressive driving is a serious problem on our roads. It can lead to accidents, injuries, and even death. In Georgia, aggressive driving is defined as operating a motor vehicle with the intent to annoy, harass, molest, intimidate, injure, or obstruct another person. What is Aggressive Driving in Georgia? There are […]Read More
The law of unintended consequences never goes out of style
The San Francisco Gate reported a story about a man who went to jail for life for forging an $83.00 check. The story focuses on how prosecutors threaten people with extreme sentences to coerce them into pleading guilty to crimes in which they believe they are innocent. What this highlights is the law of unintended consequences […]Read More
If I bind my case over to a higher court -will I be required to go to jail and post a new bond?
If I bind my DUI or other traffic cases over to a higher court for a jury trial from a municipal court or a probate court in Georgia, will I be required to go to jail again and post a new bond? NO. O.C.G.A. 40-13-23 titled, “Waiver of jury trial; withdrawal of waiver” provides in pertinent […]Read More
State v. Kelly, S11A0734, November 7, 2011: Plain Error review of Jury charges is required
State v. Kelly, S11A0734, November 7, 2011: The Georgia Supreme Court reversed a Fulton County Superior Court felony murder conviction for errors in the charge of law to the jury. Plain Error Review of Georgia jury charges is required under the plain language of O.C.G.A. 17-8-58(b) resolving inconsistency with appellate decisions in which some decisions held […]Read More