Five Key DUI Checkpoint Requirements in Marietta
Georgia and thirty-seven other states allow peace officers to circumvent the Fourth Amendment and pull over motorists without warrants or reasonable suspicion to check for DUI. To quote Uncle Ben, with great power comes great responsibility. Because DUI checkpoints give police officers so much power, these checkpoints must conform to specific legal requirements.This power is […]
Challenging FST Results in a Marietta DUI
At every DUI arrest, officers plainly state that the defendant has a right to refuse the Breathalyzer test. Nevertheless, the vast majority of drivers provide a chemical sample. Officers do not emphasize this point, so many people may just miss that part of the statutory warning. Other people may worry that their refusal could be […]
Beating the Breathalyzer in a Marietta DUI
Can you beat a Breathalyzer As part of an extended crackdown, Georgia and other states began passing much tougher DUI laws in the mid-1990s. Reducing the BAC level from .10 to .08 got most of the attention. Utah recently became the first state to lower the BAC limit again, to .04. Another, under-the-radar change put […]
Georgia’s First Offender Statute
The First Offender Act (the “Act”) is a Georgia statute that gives first time offenders a second chance. By “first offender,” the Act means just that: People who have committed a criminal offense for the first time. Basically, the Act makes the legal ramifications for the commission of certain crimes less severe for people who […]
Cobb County Pretrial Diversion Program
What You Need to Know About the Cobb County Pretrial Diversion Program Most jurisdictions have some kind of pretrial diversion program. Cobb County’s version is a little more limited and a little stricter than some other ones. But aside from these things, it’s also fairly typical. If you qualify and successfully complete the program, there […]
The Danger in Being a Pedestrian
Pedestrians typically include walkers, joggers, and people who use wheelchairs and strollers – all, of course, are vulnerable to harm or death from cars. Smart Growth America recently provided statistics on pedestrian fatalities occurring between 2005 and 2014, claiming that cars killed 46,149 pedestrians. The organization tallied deaths for all 50 states and shows which […]
What is a Super Speeder?
If you’re caught on a two-lane road speeding at 75 mph or more, then you will mostly likely be cited as a super speeder under O.C.G.A. § 40-6-189. This designation also applies if you’re traveling 85 mph or more on Georgia highways and roads. You will be subject to jurisdictional fines as well as the […]
How a Sexual Offender Label Affects You
If you’ve been convicted of a criminal offense against a minor or a dangerous sexual offense, then your name will be placed on a sexual offense registry – both Georgia’s and the National Registry. Anyone can access these registries, including potential employers. You will also be restricted on where you can work and reside. Generally, […]
Arrested for a DUI – How Do I Get My License Back?
When an officer arrests you for driving under the influence (DUI), you will be asked to submit to a blood/alcohol test. You may either comply or refuse. If you comply and your blood/alcohol content is 0.08 or greater, then the officer will confiscate your driver’s license and report the incident to the Department of Driver […]
Georgia Appeals Court Determines Whether Best Evidence Rule Was Applied
Paulding Superior Court convicted a man of aggravated assault and armed robbery stemming from an encounter in a convenience store during which the defendant demanded money from a clerk at gunpoint. Videotape taken from the store’s surveillance camera and used as evidence by the prosecution shows the robber wearing a motorcycle helmet and distinctive clothing. […]
