Every DUI lawyer has faced the question “how can you face yourself in the mirror in the morning, knowing that you are defending drunk drivers who might cause injury or death to innocent men, women and children? Wouldn’t we all be better off if drunk drivers lost their licenses permanently and were left to rot [...]
Filed under DUI laws, Fines and Fees, Police conduct issues, Punishment issues, Trial issues by on Mar 12th, 2010. Comment. 
Driving under the influence is a serious matter and can have serious consequences. Most often, DUIs involve the consumption of alcohol. However, contrary to previous thinking, a DUI is not strictly alcohol specific. In Georgia, it is a criminal offense to operate a car, truck, or motorcycle when a driver’s ability has been [...]
Filed under DUI laws, Fines and Fees, Punishment issues by on Feb 4th, 2010. Comment.
In previous blog posts, I have discussed the case of Troy Anthony Davis, a Savannah man convicted of murdering a police officer in 1989. Mr. Davis current sits on Georgia’s death row, while attorneys pursue all available remedies.
Davis’ current (and possibly final) appeal rests in the United States Supreme Court. On June 29, 2009, however, [...]
Filed under Georgia Courts, Punishment issues, Trial issues by on Jul 9th, 2009. Comment.
Under Georgia law, anyone who drives within Georgia’s borders is held to consent to a State (police) administered chemical test of his breath, blood, or urine for purposes of determining his blood alcohol content. This consent is called “implied” consent because it applies automatically when you operate a motor vehicle in Georgia.
You can refuse any [...]
Filed under Arrest issues, Punishment issues by on Jul 1st, 2009. Comment.
The criminal law blogosphere has been discussing the case of Troy Anthony Davis – a Georgia man who was convicted of murdering a Savannah police officer in 1989. Mr. Davis was convicted of this crime based on testimony from multiple eyewitnesses and was sentenced to death. Just go to Technorati.com and enter “Troy Anthony Davis.”
Recently, [...]
Filed under Punishment issues, Trial issues by on Oct 18th, 2008. 9 Comments.
Supreme Court Concludes that DUI is not a “Violent Felony” for Purposes of Armed Career Criminal Law
Very few DUI cases find their way to the United States Supreme Court. Generally DUI cases are a matter of state law and over the years, the Supreme Court has been fairly deferential to the arguments put forth by lawyers representing the government and police departments. Obviously everyone supports the goal of removing impaired drivers [...]
Filed under Punishment issues, Trial issues by on Oct 4th, 2008. Comment.
Recently I did some legal work for a man who is employed by a local city government in the vehicle maintenance department. One of his jobs is to maintain police cars. We were talking about all of the high tech equipment now found in police cars and he mentioned in conversation that more and more [...]
Filed under Arrest issues, Punishment issues by on Jul 2nd, 2008. 1 Comment.
Take a look at this interesting opinion piece from a blogger community who calls itself “The Discovering Alcoholic.” The writer contends that the public at large does not necessarily benefit when state legislatures pass tougher and tougher DUI laws. Specifically he contends that when laws become punitive rather than preventative, the big [...]
Filed under DUI laws, Punishment issues by on Apr 17th, 2008. Comment.
One of the most frequent questions I hear from clients has to do with plea bargains vs. trials. If there is a fundamental flaw with the evidence to be used against you, or if the State’s witnesses are weak, the State may not be able to prove its case beyond a reasonable doubt and [...]
Filed under Georgia Courts, Pre-trial actions, Punishment issues by on Sep 26th, 2006. Comment.
I am well known in Cobb County and it would be very embarassing for me if word of my DUI got out. I’m not convinced that I was really guilty, but I would rather just pay the fine and be done with this mess.
Is there any way to take care of my Cobb County [...]
Filed under Pre-trial actions, Punishment issues, Trial issues by on Mar 9th, 2006. 1 Comment.
