Recently Atlanta Television Chanel 11 had a story about a person who was serving ten years in prison after he was found "not guilty" at trial.   At first glance, the story would appear impossible to most people.  However, it is, in fact, true that Ramad Chatman has been sentenced to serve ten ye...

I have written many times that one of the causes of DUI arrest is the result of alcohol affecting a person's judgment.  No one intends to get a DUI, but for some people an arrest is shocking. One cause may be the result of consuming “hard” versions of what would normally be soft drinks.  Some ex...

I had the opportunity to attend a baseball game at the new SunTrust Park in Cobb County Georgia.  The first thing that was apparent was the enormous police presence. With increased law enforcement, there is an increase in the likelihood of being arrested.  Common offenses can include: Georgia...

A bill is currently making its way through the California Legislature, which would essentially offer a break to military veterans charged with driving under the influence. If enacted, the bill would help vets avoid convictions for misdemeanor DUI, by use of a diversion program meant to aid "emoti...

It was reported today that an Ohio judge was ordering person's convicted of driving under the influence to install ridesharing software on their phones (Uber and Lyft).  I found this condition of their probation to be peculiar.   Installing such software seems to imply that a person on probation...

Tiger Wood's recent DUI Arrest should draw attention to the problem of Prescription Drug DUI. In the case of Tiger Woods, there was no evidence of alcohol use.  As part of his treatment for back pain, he was given narcotics. The result is that he became a less safe driver to the consumption of th...

Almost every year the Georgia Legislature increases the punishment for driving under the influence. The theory must be that increased punishment is a general deterrent to anyone who may consider driving while impaired. A general deterrent is a message a law sends to everyone.  When a punishment ...

One of the most common questions, when asked about DUI, is how much can I drink while still being under the legal limit? Well, it seems that developer that work on Apple Watch applications are trying to help. They are developing applications to help users check their blood alcohol content (BAC) o...

While there is no set standard as to how people act while intoxicated, there are certain factors that can cause a police officer to believe a person is driving while intoxicated. Officers must have a reason to pull you over. Then once you have been pulled over, they can request you to take field ...

There are six different ways in which a person can be charged with a DUI in Georgia. The most common type is when someone is under the influence of alcohol, but there are other reasons someone can be charged with a DUI. A DUI charge is generally considered a misdemeanor criminal offense, but it i...

Memorial Day weekend is a spirited time in Georgia, with a bustling parade in Metro Atlanta, 5k runs, and services honoring our men and uniform in uniform. The break, like any long weekend, sees a heightened number of travelers on roads and in the air, with many in-state and out of state resident...

This time of year, a new crop of future lawyers is graduating from law school.  They will be taking the July Bar exam with hopes of becoming licensed in October.   With some humility, after practicing law for the past twenty-two years, I offer some advice.   The Justice system is about conflict...

After watching a client's video recently, I was “impressed” with the police officer's ability to get my client to make admissions and to do things contrary to her interest.  The officer, very skillfully, got her to make admissions as to from where she had been coming, how much she had to drink, a...

Every state across America requires drivers to have a license to be on the road. It is a privilege to be able to drive, and each state has laws that criminalize driving without a license or while having a suspended license. There are three different ways in which you can lose your license in Geo...

There is a great misunderstanding about Georgia's law on intent.  The confusion starts with the fact Judges instruct juries that: "Intent is an essential element of a crime and must be proven beyond a reasonable doubt."  Naturally, no person sets out to be arrested for DUI.  It can be argued tha...

Most people who call my office want to be treated fairly.  “Fairness” can mean different things to different people.  For some, it means a dismissal.  For others, it can mean no jail time. For some, it means to substitute a treatment plan instead of going to jail.  Interestingly, very few people...

Several times a year clients are told I am unavailable because I am at a seminar.  Some people may find it odd, but it is important for attorneys to get continuing education.   In fact, I am writing this article from a seminar.  Some may think that a Georgia DUI Attorney with 22 years' experienc...

A man in Big Rapids Michigan was convicted this week of jury tampering, the result of handing out fliers letting potential jurors know that they have the right to nullify laws they deem either unconstitutional or disproportionally enforced.   Jury Nullification is almost as old as the United Sta...

Atlanta's Channel 2 News did an investigation into the decreasing amount of DUI arrests over the past ten years. They reported that the number of DUI arrests statewide has dropped nearly 50% in less than a decade. In spite of the decreased number of arrests, Georgia's DUI death toll is one of the...

Tiger Woods' recent DUI arrest has been the subject of a great deal of media coverage and scrutiny, with news outlets releasing photos and video of Woods' vehicle, his breathalyzer test at the station and dash cam footage of the arrest. Woods' tires were flat and the vehicle was towed to a lot in...

I went on a Turner Classic Movie Marathon this holiday weekend and had a chance to watch North by Northwest. In the movie, Cary Grant was mistaken for a secret agent.  His "enemies" abducted him and tried to kill him by forcibly intoxicating him and putting him in a vehicle that was to be driven...

As States continue to legalize marijuana for medical and even recreational use, legislators must consider the effect on DUI statutes. Not only does it change the underlying theory of punishment, but it calls for a closer look at the “science” used to prove a person is DUI.  Andrea Roth, in her C...

Today's new of Tiger Woods Arrest for DUI should remind all of us that the law is designed (in theory) to work equally.  Like anyone, he was arrested, processed, and released.  His unfortunate mugshot was on the news this morning.  He, like others before him such as Mel Gibson, Lindsay Lohan, Ni...

I found myself defending Georgia during a telephone call yesterday. Every week I speak to between 60 and 90 people who have a new legal problem. I realize that when people call me they are extremely stressed out and they are looking for answers. I also know through my experience that many people ...

It was a bombshell story in 2011, when a sting operation was uncovered in the town of Concord, California. A collaboration between estranged wives and a Contra Costa County private eye, the operation targeted husbands who were either involved in bitter custody disputes with their former partners ...