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 […]
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 […]
Obtaining Compensation in Alcohol-Related Wrecks
The first drunk driving crash probably happened in 1897. George Smith, a taxi driver, was allegedly intoxicated when he hit a building. He eventually pleaded guilty, and a judge fined him twenty-five shillings. There were no serious injuries in that crash, but that’s not normally true in alcohol-related collisions. In fact, alcohol is a factor […]
Georgia Lawmakers Change Breathalyzer Rules
Several months after the Supreme Court ruled that DUI arrest procedures violated the state’s constitution, the legislature changed the procedures. In February 2019, the state’s highest court ruled that, under Georgia’s self-incrimination law, refusal to take a chemical test cannot be used against a defendant at trial. So, going forward, Georgia peace officers will no […]
Winning Strategies in the Four Types of Cobb County DUI Cases
Roughly thirty years after the DUI crackdown began in Georgia and most other states, it is back to square one. The alcohol-related car crash fatality rate is almost as high today as it was in 1989. Clearly, the anti-DUI efforts have plateaued, and many jurisdictions are looking for ways to chance that dynamic. Utah recently […]
Car Crashes and Substance Use in Marietta
Words have power. “Liberal” has a different connotation than “progressive,” even though they basically mean the same thing. Similarly, there’s a big difference between a “car crash” and a “car accident.” National Highway Traffic Safety Administration head Dr. Mark Rosekind said as much during a Harvard seminar in 2016. “When you use the word ‘accident,’ […]
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 […]
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’s Appeals Court Explains Double Jeopardy
Cherokee County State Court heard the case of a young defendant cited with failing to wear a seat belt and driving under the influence (DUI) while under the age of 21. After he was cited, the court clerk assigned different case numbers for each ticket. An assistant solicitor general (ASG) amended the seat belt citation, […]
