Summer is officially here. The sun is out, the pool is open, and the barbecues are starting up. It is the perfect weather to get outside and enjoy the outdoors. Many people appreciate mother nature and pack up to sleep in the woods for a few days. Do not let a bad decision ruin your weekend at th...

As an attorney, I spend most of my day speaking to strangers.  Today, in between court hearings I met a Billy Moss, who has been repairing shoes in Canton Georgia since 1955.  I have learned in my career that I should never miss an opportunity to learn something from someone.  As he was shining ...

This article is the first of many in the discussion of changes in our criminal, traffic, and DUI Laws.   In the present system, a person arrested for DUI has ten business days to file an appeal of their license suspension.  After filing the appeal, the only way to resolve the suspension is to ha...

It is well understood that operating a motor vehicle while drunk is illegal. However, when the subject of driving on private property comes into play, the concept becomes a bit more ambiguous. While drunk driving on private property still carries many of the same inherent risks and dangers of doi...

Last week, I received a call from an 82-year-old woman who was told her grandson was in jail. The con-artist who called tried to steal $9000 from her in the guise that it was for bail money. I am glad she called because she became the victim of what I like to call the "family member has been arre...

After the widely publicized collapse of I-85 on March 30, the interstate will be back open early next week. The original timetable was for the road to be completed by mid-June, so it is a relief to hear that it will be open so soon.  About 250,000 vehicles per day utilize I-85, and the collapse ...

Across the country, there is a patchwork of laws pertaining to open containers, and whether or not a passenger may drink in a vehicle. While some states permit open containers and passenger consumption, others have outlawed both. Arkansas and West Virginia are the only states in the union that pe...

Today I received a call from a young lady who did not understand the importance of her arraignment. Her plan was to attend court and see what happened. Her plan was flawed on several fronts. The first problem was that she had not yet retained counsel. She was charged with a serious criminal offe...

After watching an 11Alive news report on so-called "drug recognition experts," I was reminded that hubris is considered a sin. The reporter did an excellent job showing that innocent people can, in fact, be charged with a crime.  Of course, police officers make the correct decision to make an ar...

1. Switch Your Social Media Accounts To Private A tip that wouldn't have existed 20 years ago, this is a must in the digital age. Prosecutors may pour over your public social accounts looking for evidence to incriminate you. As social media evolves, the potential 'traps' vary and multiply. Snapc...

Whether driving in Georgia or California, some laws are universal such as stopping at stop signs, going forward on green, or driving on the right side of the road. However, there are some traffic laws of which many Georgia drivers may be unfamiliar, and ignorance of the law is not a defense, even...

Recently a colleague told me about a family member who was under suspicion for committing a serious felony. The initial report of the facts and circumstances seemed dire. Even as a Georgia DUI Defense Attorney , I found myself doubting the innocence of the person who called.  The interesting thi...

Utah's notorious new .05 BAC limit will not take effect for some 20 months, but opponents of the law are already waging a campaign for its repeal. The American Beverage Institute has begun printing newspaper ads in Utah's neighbor, Idaho, in an effort to deter tourism to the state. "Utah: Come fo...

One of the biggest frustrations I have is when I learn that a client has failed to tell me everything about their case.  I am well aware that sometimes, in these situations, I may get upset at the client and express my disappointment.   However, my frustration is often misunderstood.  I am not u...

With the end of school and the summer driving season, this is a good time to remember to use common sense when having a good time. Remember, the Georgia State Patrol and local law enforcement increase their patrols during the summertime.  With increased enforcement comes a greater chance someone...

The recent stories in the news are a reminder that in a civilized society, the difference between civilization and anarchy is the law. As a criminal defense attorney, my job every day is to defend people whose rights have been violated. However, the key point here is that the word “violated” is i...

Fitness guru and Bravo reality star Jackie Warner was arrested last February when her vehicle crashed into a pole in West Hollywood. Shortly after word broke of Warner's arrest, a video surfaced of an unsavory police confrontation that followed the crash. The video shows Warner being escorted to ...

Recently I have received several calls from people who have been arrested for more than one misdemeanor offenses in a short period.   The pattern begins with a person does not take their first arrest seriously.  The result is a greater likelihood of a second arrest because he or she had not addr...

If you are in an accident due to drunk driving in Georgia, you may be able to seek damages under the Dram Shop Act. Georgia's Dram Shop Act applies to bars and restaurants that serve alcohol to minors or noticeably intoxicated people who will be driving. However, in 2011, Georgia expanded the Act...

A DUI charge can happen to anyone, even for those who never thought they'd find themselves ensnared in such charges. The prospect of dealing with the law and facing punitive action is very daunting. Many people charged with a DUI were every bit the law abiding citizen prior to their charge. Somet...

Police violence is common.  A small minority of bad officers have brutalized the public for years.  Their actions dishonor the vast majority of decent people who work as police officers.  What has changed is that some officers can no longer get away with brutalizing citizens because of citizen jo...

The disgusting video of a man being dragged off a United Airlines Flight this week surprises many, accept criminal defense attorneys. A man was asked to "volunteer" to be randomly bumped from his flight because United Airlines decided to sell more seats than were available on the airplane. The c...

When speaking to a potential client today, he asked me the most commonly asked question I get: "What are my chances of winning my case?"  Another variation of this question is: "What should I expect will be the outcome of my case?" People naturally want to know what is going to happen to them, s...

In March of 2016, school teacher Meghan Caldwell was charged with Felony Vehicular Homicide as a result of an accident that killed two people.  She was accused of driving under the influence; however, the story did not end there.  As reported in the AJC, Meghan Caldwell was not driving under the ...

Lawyers regularly and rightfully hammer the point that an arrest is not a conviction. Just because an individual has been arrested on suspicion of drunk or drugged driving, does not mean that they are guilty of that crime or that they will be convicted on that exact charge. With this in mind, it ...