Archive for the ‘Traffic Laws’ Category

Can DUI arrest be expunged in GA?

Friday, May 21st, 2010

I get several phone calls each month asking me if I get a person’s DUI arrest expunged. Do a google check on expungment and you will find lots of sites appearing to know what they are taking about…. but they don’t!
First, what is an expungement?
The process of legally destroying, obliterating or striking out records or information in files, computers and other depositories relating to criminal charges.
2. Can a DUI be expunged in Georgia?
Currently there is no way of deleting a DUI from the arrest records. Why?
Because in Georgia there are only 2 ways of getting an arrest deleted.
1. You were not the person shown as being arrested.
2. The charges were dismissed before an accusation was brought against you, or you enter into a pretrial agreement where the prosecutor agreed to expunge the arrest record.
Since a citation acts as an “accusation”, you are “charged” immediately at the scene of a DUI arrest, and therefore you do not fit into category number 2.
Don’t be misled by web sites telling you that DUI expungments are easy in Georgia. Call me to get the straight answer!

When a DUI turns really “serious”

Friday, May 14th, 2010

Just getting a DUI conviction can have serious consequences: jail, loss of license, fines and fees, cancellation of insurance, and loss of job. But what happens when you are convicted of DUI and you have also been involved in an accident where someone was “seriously injured?” (more…)

How to Properly investigate a DUI case Part 2

Friday, May 7th, 2010

After obtaining the necessary information from the State, a DUI attorney must then have the experience and background to determine whether you have any defenses or not.
The best DUI attorneys are constantly attending seminars to not only hone their trial skills, but also learn the same things about DWI detection as law enforcement does.

Ask your lawyer if he has attended any seminars where he/she actually learned how to administer field sobriety evaluations; have they been to seminars to actually learn the mechanics of how the breath machine works; do they have education on drug detection? There are hundreds of ways to win a DUI, but if your attorney only looks as a DUI case as another “guilty plea and fee”, why bother paying that attorney? Might as well represent your self! And you know what they say about a person who represents themselves in a legal manner!

5 ways Truck Drivers can lose their license

Monday, April 26th, 2010

If you make your living driving a commercial vehicle, you need to know that there are many ways you can lose your CDL(commercial drivers license) in Georgia. Here are 5 ways you can lose your CDL for a year: (more…)

Arrested for Marijuana? 4 ways to save your license

Friday, January 29th, 2010

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: (more…)

DUI Consequences: 3rd DUI

Monday, January 11th, 2010

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. (more…)

DUI consequences: 2nd DUI

Friday, January 8th, 2010

One of the most common questons I get is, “What happens if I am convicted of a 2nd DUI?” (more…)

A Reason to Slow Down

Monday, January 4th, 2010

In Georgia there now is another good reason to slow down ; effective January 1, 2010, “super speeders will be subject to an additional State fine of $200 on top of whatever fine they receive by the traffic court. A Super speeder is defined as going 85 mph or more on interstates, and going 75 or more on two lane roads. This speed may also result in the driver’s license being suspended, if the driver doesn’t pay attention; here’s why: the original ticket will not tell the driver of the additional $200 fine; he or she is sent a letter by Drivers Services; the driver has 90 days to pay the $200; otherwise their license is suspended!
The new law increases fines for multiple offenders; hence another reason to be mindful and slow down!

Defense to Driving on Suspended License is Gone

Monday, August 24th, 2009

I have just learned that in this past legislature session the Driving on Suspended License statute, 40-5-121, was changed to close what many considered a loophole for Defendants. The previous law said that “ if, at the time of court, the Defendant presents proof of a valid license issued by Georgia, the Defendant could not be guilty of driving on a suspended license”. That sentence was deleted from the new law, which became effective July 1. Some courts are ruling that the new law only applies to charges incurred AFTER July 1. I would agree and argue that the change is substantive, not procedural, but whether that argument flies depends on the judge. In any event, if your are charged with driving on a suspended license, the strategy of obtaining a valid license before court no longer works. That Does not mean that there aren’t other defenses, however!

Consequences of a DUI Conviction Part 2

Wednesday, July 8th, 2009

We have covered the consequences of a DUI conviction involving jail, fines, and community service. Now let’s take a look at other potential consequences. (more…)