Special DUI Issues: Remote Arrests
Recently, we have received several calls from people who were almost literally asleep at the wheel, and before they knew what was happening, they were arrested for DUI. Officers are very aggressive in this area, and their aggression is increasing. The DUI arrest rate in the Peachtree State is one-third higher today than it was […]
Savage Vehicle-Bus Crash Kills Five People
Five individuals are dead, and several others are injured, after a head-on crash involving a passenger car full of people and a Metro Atlanta Rapid Transit Authority bus. One investigator said the incident was “the worst accident that I have come across” in twenty-five years as an Atlanta police officer. For unknown reasons, a Nissan […]
What’s the Difference Between Misdemeanor and Felony Theft in Georgia?
The range of punishment is the biggest difference between a felony and a misdemeanor. Felony convictions usually mean incarceration in a state or federal prison. Misdemeanor convictions always mean a maximum twelve months’ confinement in the county jail. Probation is usually available in both felonies and misdemeanors. Procedurally, these two categories of offenses are mostly […]
Is It Negligent to Drive While Sick?
The rising number of confirmed coronavirus cases in Georgia has shed additional light on the problem of driving while sick. Driving with a serious medical condition is one of the five types of driving impairment, according to the National Highway Traffic Safety Administration. However, even if a driver is not seriously ill, that driver could […]
Jail Release: Jumpstarting a Successful Criminal Defense in Cobb County
The presumption of innocence is usually the cornerstone of a criminal defense matter in Cobb County. But if the defendant remains behind bars before trial, the presumption of innocence essentially becomes a presumption of guilt. Most people, including most jurors, assume that people who are in jail did something wrong. Additionally, rather than wait for […]
Breaking Down a Cobb County Drugged Driving Claim
During certain times, as many as a fifth of area drivers are under the influence of drugs. This figure may be artificially low, as it does not include drivers who are under the influence of an over-the-counter medication, such as NyQuil, Sominex, or Benadryl. Prescription painkillers, such as Oxycontin and Fentanyl, are the most common […]
Four Non-Intoxication Defenses in a DUI Case
Prior to the mid-1990s, DUI was essentially a traffic ticket. Frequently, officers released suspected drunk drivers with warnings. Even if the cases made it to court, they were relatively difficult to prove, and the penalties were rather light. Things have changed a lot. In many jurisdictions, over half the probationers were convicted of DUI. Law […]
Are DUI Checkpoints Always Legal?
Absolutely not. And, many drivers might have this question during the summer of 2020 as area law enforcement agencies deal with coronavirus fallout. Normally, DUI roadblocks are large-scale, expensive operations. That explains why they usually only pop up during certain times of year. But many Atlanta-area law enforcement groups might use min-checkpoints as a cost-effective […]
Device Distraction Crashes: A Closer Look
Most Georgia drivers agree that it is dangerous to use cellphones and other devices while they drive. Yet motorists in the Peachtree State spend more time on their cellphones while they are behind the wheel than almost any other drivers in the South. That incongruity is at the heart of device distraction claims. People know […]
Drug Trafficking Charges in Cobb County: A Closer Look
Law enforcement has become increasingly aggressive when it comes to large-scale drug trafficking cases. Since 2011, heroin trafficking arrests have increased 50 percent. Collectively, heroin, methamphetamines, cocaine, and marijuana account for about 90 percent of all drug trafficking arrests in the United States. Drug trafficking is a serious felony, and although laws have moderated somewhat […]
