202004.15
0

Are Court Open During COVID-19?

I have received many inquires as to whether court is proceeding as usual during the coronavirus pandemic. Statewide, Chief Justice Harold D. Melton declared a judicial emergency on March 14, 2020 and then extended the Order again on April 6, 2020. The Order runs through May 13, 2020 and states that courts should remain open…

202004.08
0

What Happens If I Get A DUI During COVID-19?

During this national crisis, local police are still monitoring the roadways for traffic violations including speeding, reckless driving, and Driving Under the Influence.  If you receive a DUI during COVID-19, your case will still proceed, but likely on a delayed schedule. I have been made aware that some local police are releasing certain DUI offenses…

201909.05
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DUI from RX Drugs in Georgia

Far too many drivers are under the impression that they can only be charged with DUI when they have consumed enough alcohol to be over the legal limit or when they are under the influence of illegal drugs. All Georgia drivers should be aware that the use of legal drugs—including prescription drugs—and even over-the-counter medications—can…

201908.23
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Driver’s License Suspensions for Under-21 Georgia Drivers

Having your driver’s license can be especially difficult for Georgia drivers under the age of 21 since a driver’s license suspension affects not only the under-21 youth but the parents as well. A young driver in high school or college, who loses his or her driving privileges, cannot get to work, school, or after-school activities….

201908.06
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Georgia Fake IDs

While having a fake ID has almost become a rite of passage for teens, when an adult uses a fake ID to obtain a job, he or she could end up spending up to 15 years in prison and paying a fine as large as $250,000. This is a relatively new offense for Georgia residents,…

201907.16
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Georgia Family Violence

Family violence is defined in the state of Georgia as one of a number of specific criminal offenses perpetrated between specific family members. Georgia family violence charges are serious—and should be taken very seriously. Depending on the specific offense, and whether this is a first or subsequent family violence offense, the charges can be misdemeanor…

201906.27
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Atlanta Marijuana Law Changes

Atlanta Marijuana Law Changes In October 2017, the Atlanta City Council unanimously approved legislation introduced which dramatically reduced penalties associated with possession of marijuana. The ordinance changed the penalties for possession of less than one ounce of marijuana (which were fines up to $1,000 and up to six months in jail) to a maximum fine…

201905.29
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Georgia Intoxilyzer 9000 Unreliable?

Georgia Intoxilyzer 9000 Unreliable? There are essentially three ways to determine whether a driver is legally intoxicated—a breath test, a blood test and a urine test. In Georgia—as well as every other state in the U.S.—the legal BAC limit is 0.08 percent. Consent is generally required for a blood test, although some states do allow…

201905.21
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The Many Ways to Challenge Breath Alcohol Tests in a Georgia DUI

If you failed an Intoxilyzer test in the state of Georgia, this does not necessarily mean the prosecutor has a winning case against you following your DUI arrest. An experienced Georgia DUI defense attorney may be able to challenge the results of your BAC tests in court and if the court agrees the breath sample…

201904.14
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Georgia Implied Consent

Georgia’s implied consent law was recently challenged—successfully. A Georgia woman, Andrea Elliott, was prosecuted for DUI. When arrested, Elliott refused a breathalyzer test. Under Georgia law at that time, the state was allowed to use the refusal against Elliott at her criminal trial. In fact, the United States Supreme Court has held that the Fifth…