One aspect of a DUI Defense practice that is often overlooked is advising clients how to handle their alcohol problems. Many clients have one too many at dinner, get arrested for DUI, and are never heard from again. Many others, however, receive multiple DUIs. The Courts struggle over the best way to help alcoholics. Most judges who routinely handle alcohol cases will tell you that figuring out a way to get the alcoholic “cured”, or at least to a point where they realize they have a problem that must be addressed, is the most difficult aspect of their job. There are many paths a person can follow to escape alcoholism. In Cool Water William Alexander explores the unique approach of using mindfulness and meditation to help alcoholics and others to learn to come back to the moment and to find healing there.

Today I start a new category which is called Phriday Filosophy. This category will be primarily “off-topic” from traffic laws and driver’s rights and will delve into some of my thoughts on life and living the “good life.” You do not have to agree with me; in fact I would hope that you would think about these Friday blogs and reach your own conclusion as to whether they are true for you, and only you. So here goes….
In the Buddhist practice, the most fundamental daily reflection or meditation is on what is known as the Four Thoughts that Turn the Mind Toward Liberation from Suffering also known as the 4 Mind Changers. These 4 “reflections” are not exclusive to Buddhism, but can be used by all humans to help “center” us on the truly important things in life. The practice helps us loosen preoccupation with this body, this life, and our worldy aims, and causes us to focus instead the things which will give us lasting inner peace and happiness. (more…)

This month’s Case of the Month shows just how very careful you have to be if you are on probation. Probation allows a person to keep from going to jail, but as a condition of not going to jail, the probationer must do certain things, including not violating any other laws, including the DUI laws. (more…)

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!

You may have seen or heard news reports today about an FBI and NHSTA study supposedly showing an increasing trend among women driving under the influence of alcohol. As Ronald Reagan would say, “there you go again!” MADD and NHSTA(which appears to be just a lapdog for MADD) have a way of spinning and twisting the truth so that the media goes into a frenzy. Here is what most news reports said today: (more…)

Jeffrey Toobin CNN Senior Legal analyst, has written a fascinating book about the secret world of the US Supreme Court. This book is a page-turner that delves into the gigantic “tug of war” between the conservative and liberal judges on the bench. (more…)

By far the most frequently asked question I receive is: “Should I take the test or not?” “The test”, of course refers to the State chemical test of normally breath, but sometimes blood or urine. The “test” is the State test which is requested AFTER an arrest; it is NOT any portable test done on the side of the road. (more…)

This in last week’s Atlanta Journal Constitution:
“Don’t take it personally when some driver cuts you off on I-85 and throws up a one-fingered salute as a parting gesture.
It’s just Atlanta drivers being part of a national trend. (more…)

With a revoked license because of a previous drunken-driving conviction, Dennis Cretton shouldn’t drive. But authorities said that didn’t stop the 49-year-old man from drunkenly driving up to a gas station for more beer — on his yellow riding lawnmower. (more…)