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!

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. (more…)

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.

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…)

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

GWINNETT COUNTY — A 53-year-old Stone Mountain woman was killed Sept. 27 when her car hit another driver head-on in Lilburn, said Gwinnett police.

Investigators said it is unknown why Maureen Kalkstein’s 2000 Ford Escort crossed into over the center line of Five Forks Trickum Road near its intersection with Pounds Road. However, authorities say the fact she was not wearing her seat belt contributed to her death.

Police said Kalkstein was driving eastbound on Five Forks Trickum Road shortly before noon when her car crossed over into the westbound lane of a 2001 Chevrolet Monte Carlo. They hit head-on.

Kalkstein, who had critical injuries when emergency personnel arrived, was taken by ambulance to Gwinnett Medical Center in Lawrenceville. She was pronounced dead upon arrival.

The driver of the Monte Carlo sustained non-life threatening injuries. She was also taken to Gwinnett Medical Center, where she was treated for her injuries and released that day.

The Police Department’s Accident Investigation Unit reported that of 31 motor vehicle accident fatalities this year not involving motorcycles or pedestrians, in 14 the deceased was unrestrained at the time — 45 percent. Thus, said officials, the Gwinnett County Police Department emphasizes that wearing seat belts saves lives.

According to today’s AJC, Gwinnett police will be enforcing the “move over” law on I-85 beginning tonight at 11 p.m. This law is actually a subterfuge used by cops to pull over drivers as part of a fishing expedition to search for DUI drivers. The law requires a driver to move over into the next lane, if possible, when approaching a stationary emergency vehicle with its lights flashing. This creates a very subjective situation where all the officer has to say to justify the stop is that, in his opinion, the driver did not move over or slow down. Be careful this Memorial Day weekend!

Are you a gambler? I do not consider myself to be a big gambler; I have never been to Las Vegas, although I have gambled a little in other places around the world. When I do gamble I generally play the slots and craps. Of those two games, I believe slots have the worst odds of winning, while craps has the best odds. “Odds” of course mean: what are the odds of beating the house. Many good gamblers know the odds, and try to play the best odds. (more…)