The Georgia Code defines obstruction of a law enforcement officer in Georgia as when a person “knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful disc...

Smyrna is the first city in Georgia that has passed a hands-free driving law. After hearing testimony from concerned citizens and grieving parents, Smyrna has banned drivers from having phones in their hands while driving within their city limits.  Georgia currently has a statute that addresses t...

January was a busy month for traffic-related events. With multiple snow days and heavy traffic with sporting events, there were many incidents to report about this month:  On January 5th, 2018, Juan Cisneros Alvarez was killed when he was in an accident on I-85. Alvarez was driving northbound in...

I spoke to a potential client today that told me a competitor promised him what I determined to be an unreasonable expectation.  We go into every case with the idea of finding both legal and factual defenses. However, it is impossible to determine what defenses we may find until we complete a fu...

When charged with a crime, you have some options as to how you want to plead: “not guilty”, “guilty”, or “nolo contendere.” There are certain situations where you may not be able to plea nolo contendere, but you always have the option to plead “guilty” or “not guilty.” However, you must understan...

I do not often post an off-topic blog, but the death of Warren Miller makes me want to take a moment to reflect. Warren Millers most famous saying was “If you dont do it now, youll be one year older when you do.” Warren Miller never waited to chase his dreams.   After serving in the Navy duri...

Will the autopilot feature on select vehicles become so advanced that it effectively eradicates DUIs? Its an interesting but undercooked idea, seeing as the technology behind this feature does not seem to have been perfected quite yet. In a recent DUI case in California, a man offered up an ex...

Recently, Atlantas new mayor, Keisha Lance Bottoms has instituted a new policy that will release people, who have been charged with minor traffic and misdemeanor offenses, without having to post a bond. It is about time! I have long since advocated for this common-sense approach.  In a blog I p...

A suspension of your drivers license can be difficult to handle for people of all ages. Driving is a privilege, and the Georgia Department of Driver Services will suspend your license if you receive too many points on your license. The DDS point system ranges from two to six points for a single ...

With drug-related DUIs on the rise, police are increasingly likely to assume a driver is under the influence of drugs when they are not showing signs of a traditional DUI. Some drivers are even mistakenly under the impression being high is an immediate defense to a drunk driving accusation. Arg...

More than a year ago I urged Georgia voters to vote “no” on Georgia Amendment 3. Our formers JQC was holding judges accountable for unethical and illegal behavior. Unfortunately, the preamble to the amendment was misleading causing the public to think that a new Judicial Qualifications Committee ...

On Tuesday, Forsyth County Sheriffs Office shared crime statistics for November 2017. According to Patch.com: “There were 4,694 service calls, of that, 673 were traffic accidents, and 609 were alarm calls. There were 54 DUIs, 21 shoplifting arrests and 36 drug arrests.  There were also 24 passin...

Although the majority of DUI offenses are committed by first time offenders, repeat offenders also account for a substantial portion - at least 1/3 - of annual DUI arrests in the United States. Many first time offenders are one-time offenders, but for some drivers, recidivism remains an issue of ...

Traffic-related incidents on Georgia highways in 2017 exceeded the 2016 state total. According to the Georgia Department of Public Safety, during the holiday traffic travel period (6 p.m. on Friday, Dec. 22, and 11:59 p.m. on Tuesday, Dec. 26), there were a total of fifteen traffic-related deaths...

December is an extremely busy month with celebrations of Christmas and New Years Eve. With all the celebration, it is no surprise that it is a busy month for drunk driving and other traffic incidents. Here are some of the events that occurred in December 2017 in Georgia: Georgia State Patrol an...

It is a fair question for one to pose about DUI checkpoints: what if the driver simply speeds off? In this situation, what may the police do? What response is within their rights as law enforcement officers? A recent case has drawn attention to this question. The Georgia Bureau of Investigation h...

Harris Blackwood, director of the Governors Office of Highway Safety, is urging Georgia drivers to give themselves a gift this holiday season. Blackwood says, The best Christmas gift you could give yourself is being alive for the New Year, WTOC 11 reports. A Drowsy Driver is Just as Dangero...

As we come to end of another year, all of us should take time to be thankful. At our office party this evening, I spent some social time with the dedicated professionals at my office.  For years I practiced on my own. Now, I work with my Partner Kimberly Berry, and associates David Heath, Gabrie...

Two recent Georgia news stories highlight the potential legal consequences of synthetic marijuana use and possession. The Rome News-Tribune reported that a man was arrested recently for driving under the influence of synthetic marijuana. He is also facing felony charges for possession of synthet...

It may sound like common sense, but at least three times a year a client of mine appears in court either intoxicated or with the smell of alcohol on his or her breath. Attending court with either the smell of alcoholic beverage on your breath or intoxicated is a serious mistake. It shows disresp...

Getting arrested for driving under the influence (DUI) can turn someones life upside down. On occasion, a DUI arrest can also turn a persons life around. While the legal penalties and stigma that can result from a DUI can be severe, sometimes a DUI can be a wakeup call. That was the experience...

When clients call, they are often surprised to find out that their court date occurs at night.  Some Georgia courts start at 4:00 p.m., 5:00 p.m., and even at 6:00 pm.  In fact, many clients were under the impression that the time for court on their citations was incorrect. There are two reasons...

In Georgia, treatment programs are recommended, or court-ordered after multiple DUI convictions. Going to a treatment program could result in your attorney being able to obtain a more favorable plea with the prosecutor or get you decreased time in jail. The goal of treatment programs is to help o...

Two University of Georgia football players were arrested hours after UGAs victory in the SEC Championship game. Driver Jayson Stanley was charged with DUI-Drugs and marijuana possession. Passenger Natrez Patrick was charged with marijuana possession. The Atlanta Journal-Constitution reported ad...

When a person is convicted of a felony, many of their rights are limited or waived. Those rights can include their right to vote, their right to possess a firearm, and their 4th Amendment rights against unreasonable search and seizure. As a consequence of the conviction, convicted felons very of...