Drunk Driver Kills Former NW Georgia Mayor
Few details were available after an allegedly intoxicated driver lost control of his pickup and swerved into the path of an oncoming SUV, killing a former Emerson mayor and his wife. The wreck happened in Cherokee County. Albert Pallone was the mayor of Emerson, a city of about 1,400 people in neighboring Bartow County northwest […]
A Holiday Party Tip from the Supremes
Party hosts should have rides home on standby, and require guests to use them, if they use the Supreme Court’s unofficial eggnog. The recipe was buried in the papers of Chief Justice Harlan Fiske Stone, who served in that capacity between 1941 and 1946. A sudden brain hemorrhage unexpectedly killed Stone, who was the first […]
What’s the Penalty for First-Time DUI in Georgia?
When people ask us this question, they’re really asking “How do I avoid the penalty for first-time DUI in Georgia?” These offenses carry substantial direct and indirect consequences. The direct consequences of a first-time DUI in Georgia are relatively light, compared with the law in other states. A first-time offender must spend between twenty-four hours […]
Drunk Driver Plunges Car into GSU Pond
A woman faced DUI charges in Bulloch County after she drove into a pond next to Georgia State University’s Education and Engineering buildings. State Trooper Aaron Ramirez said the driver, who was able to swim out of the partially submerged car along with her passenger, apparently ran a stop sign and drove headfirst into the […]
What is the Best Defense for DUI?
Since the late 1990s, thousands of people have asked this question. Before then, DUI was little more than a traffic ticket. Then, under pressure from advocacy groups, the laws started getting tougher, especially in the south. Today, Georgia has one of the harshest DUI laws in the nation. As legislative and judicial authorities strengthened the […]
Some Common Non-Intoxication Defenses in DWI Cases
Intoxication, or lack thereof, is usually the most important issue in a DWI case. Since Georgia has a per se DWI law, prosecutors must prove the defendant’s BAC level was above the legal limit or the defendant had lost the normal use of his/her physical faculties. Effective intoxication defenses are usually available. The Field Sobriety […]
Resolving a Misdemeanor in Cobb County
Assaults, thefts, possession offenses, mostly marijuana possession, and DUIs dominate the tens of thousands of misdemeanor arrests that occur in Georgia every year. All these infractions have significant direct and collateral consequences. Probation in a misdemeanor, even for a first-time offense, could be half a year or more. During that time, defendants are under the […]
Surviving DUI Probation in Cobb County: A Field Guide
Judges nearly always probate jail sentences in DUI cases. Felony DUIS and cases with extreme aggravating circumstances, like a fatal collision, are the biggest exceptions. Since the normal period of probation, even for a first-time offense, is one to two years, many defendants opt for a brief jail sentence in lieu of probation. Incarceration instead […]
Successfully Challenging Chemical Test Results in DUI Cases
“Do you agree to provide a chemical sample” is often the biggest DUI arrest question. The conviction rate in test cases is much higher than the conviction rate in non-test cases. In fact, many defendants assume that if they provide a breath or blood sample, they are automatically guilty. Fortunately, that’s not true, especially in […]
If I Failed a Chemical Test, Am I Automatically Guilty of DUI?
Looking only at the Georgia law, it would appear that the answer to this question is “yes.” The Peachtree State has a per se DUI law. If the defendant’s BAC level is above the legal limit, the defendant is intoxicated as a matter of law. Physical symptoms of intoxication, or the lack thereof, are irrelevant. […]
