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Recent Case Changes the Way the GBI Can Test Blood in a DUI Case

When a person is arrested for DUI, the arresting officer often wants to test the person’s blood to determine if they are under the influence of alcohol or any other drugs. This testing can happen if a person consents to the blood draw or, in the absence of consent, the officer may seek a warrant. […]

YOUR RIGHTS AGAINST ILLEGAL SEARCH AND SEIZURES

Interacting with police officers can be a stressful and unsettling experience, especially when you’re unsure of your rights. Many individuals, both in Clayton County and across the state of Georgia, often feel confused when questioned by police officers or when the police attempt to search their property or belongings. This uncertainty arises from a lack […]

Driving Under the Influence of Marijuana in Cobb County

In Cobb County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that […]

Why Rap Lyrics Should Be Excluded as Evidence in Criminal Cases

By W. Scott Smith, P.C. Contact us at 404-581-0999 for a free consultation. In recent years, there has been a growing trend of prosecutors attempting to use rap lyrics and music videos as evidence in criminal trials. While this may seem like a compelling strategy at first glance, courts across the country are increasingly recognizing […]

Not Guilty by Simply being Near a Crime

In the world of criminal defense, it’s not just about who did what—it’s about what can be proven. In fact, many cases hinge on the finer details, including the jury instructions that guide how a case should be considered. These instructions can have a significant impact on how a jury deliberates and, ultimately, how a […]

Public Indecency in Dekalb County

Public Indecency is a serious crime in Dekalb County. It is imperative that you retain a qualified attorney immediately if you have been charged with public indecency. O.C.G.A. § 16-6-8(a) defines public indecency as follows: A person commits the offense of public indecency when he or she performs any of the following acts in a […]

City of Tucker DUI – DeKalb DUI Attorney

Tucker, Georgia is home to the City of Tucker Municipal Court where the city prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the Tucker Police Department. Tucker Municipal Court is located at 1975 Lakeside Parkway, Tucker, GA 30084. One of the most common cases we see in Tucker are DUIs (O.C.G.A. § 40-6-391). In […]

Georgia’s 90 Day Bond Rule in Clayton County

If you or a loved one have been arrested in Clayton County, Georgia, you may have heard about the 90-day bond rule but be confused about what this rule means. O.C.G.A. §17-7-50 says that a person who is arrested must have their case indicted (formally charged) within 90 days or they are legally entitled to […]

Driving Under the Influence of Marijuana in Douglas County

In Douglas County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that […]

DUI Marijuana Arrest in Clayton County

In Clayton County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that […]