Under a State of Georgia Bar Policy Statement, any applicant who wants to sit for the Georgia Bar Exam is ineligiblefor fitness certification (meaning you can’t take the bar) during the 12 month sentence mandated by Georgia law. You are precluded from sitting for the Bar even if the DUI case was reduced to reckless driving for 6 months from the date of conviction. In its policy, the State Bar says “In the case of an applicant who was charged with DUI but for whom the charges were reduced, resulting in a reckless driving plea, failure to maintain lane or other lesser offenses, the Bar is concerned about disregard for the law as well as possible patterns of problems relating to alcohol abuse.” HUH??? So a person charged with DUI, who perhaps registered below a .08, whose case is reduced because the prosecutor (who knows more about the case?), somehow disregards the law? Read the rest of this entry »

It simply amazes me when I see someone in court representing themselves on a DUI charge, and it frightens me when I see a person represented by a lawyer who doesn’t have a clue about defending a DUI case. Look at 5 reasons to hire an experienced DUI lawyer: Read the rest of this entry »

In Georgia a conviction for possession of marijuana, of any amount, and whether driving or not, will cause your license to be suspended for 6 months, with no limited permit. There are at least 4 ways to prevent your license from being suspended: Read the rest of this entry »

I wanted to warn you of a troubling trend. Because of our poor economy, many lawyers who were previously handling, say, real estate or small business matters are delving into the DUI defense world. There are apparently some of these lawyers who obtain their clients from direct solicitation obtained from the jail dockets. I have heard from some clients that these lawyers are telling people up front that they will NOT go to trial; that their services are for guilty pleas only. Read the rest of this entry »

From today’s AJC:
A 19-year-old Lilburn man was hospitalized after crashing his Acura into a telephone pole while text messaging a friend.

Soheb Roy sustained head trauma from Friday morning’s collision at Arcado Road and Wayside Court in Lilburn. He was taken to Gwinnett Medical Center, where he’s believed to be in serious but stable condition, said Lilburn Police spokesman Bruce Hedley.

The impact was strong enough to snap the telephone pole in two, blocking the road for much of the day, Hedley said. Roy’s Acura was totaled.

Police plan to charge Roy with improper use of a cell phone while driving and failure to maintain his lane. Police say neither alcohol nor drugs were a factor in the crash.

I was looking back at my victories of 2009, trying to decide the case of the Year, and there were at least 3 or 4 possibilities, some of whom have already been mentioned both in this blog and on my web site. But the winner has to be: Read the rest of this entry »

I see where MADD of Georgia will be handing out their annual Law Enforcement awards in March. I have no problems with MADD recognizing police officers for their work, but as with many things a radical political group does, these awards are based on arrestsnot convictions.
MADD, of course, believes that anyone who is arrested for DUI is guilty(no due process for MADD), and that is why only the arrest numbers matter to MADD, not the convictions.

In talking with one of my State trooper friends, I asked him how some of the cops can have well over 200 arrests; simple: if they charge somone with DUI less safe and DUI per se, that is 2 DUI arrests, even though of course they can only be sentenced on one conviction.

In an effort to deter DUI suspects from refusing to take a State chemical test, more and more States are allowing police officers to draw the suspect’s blood. Read the rest of this entry »

What happens on a 3rd DUI conviction? If this is your 3rd DUI conviction in 5 years, you are declared a habitual violator and you lose your license for 5 years, with no possibility of a limited permit for at least 2 years. Read the rest of this entry »

One of the most common questons I get is, “What happens if I am convicted of a 2nd DUI?” Read the rest of this entry »