Both the Walk and Turn (W&T) and One Leg Stand (OLS) tests are considered, “divided attention” tests. The officer is determining how well a subject can multitask (mentally focus on multiple tasks or ideas at once). We will see there are two stages: an instruction stage and a performance stage. For the purposes of today’s […]
I’ve Been Arrested… You are in handcuffs and headed to the Fulton County Jail. You want to get out as soon as possible. Your loved ones are in a panic to find a lawyer to help get a bond set. What do I do? First, do not make any statements to the police while you […]
Both the Walk and Turn (W&T) and One Leg Stand (OLS) tests are considered, “divided attention” tests. In both tests, the officer is determining how well a subject can multitask (mentally focus on multiple tasks or ideas at once). We will see there are two stages: an instruction stage and a performance stage. For this […]
Help! My license is suspended from having too many points. The State of Georgia will suspend your license if you get too many traffic tickets. In fact, the suspension by the Department of Driver Services is automatic. Most people do not know there license has been suspended for accumulating too many points until it is […]
Today, the Supreme Court of Georgia, released an opinion in the case of Elliott v. State that will impact every DUI case in the State of Georgia where the Defendant refused to submit to a chemical test of their breath after being read the Georgia Implied Consent Notice. The holding of the opinion states that […]
How can my license to drive be suspended administratively and again if I am convicted of DUI? This is a good question. Georgia law thinks of driving as a privilege and not a right. On the administrative end, the law provides the Department of Driver Services (hereafter “DDS”) may take your license (viewed as a […]
Robbery or Burglary? It is not uncommon for people to use “robbery” and “burglary” interchangeably. For example, a person enters their home to discovery it’s been ransacked. They might exclaim, “I’ve been robbed!” That exclamation is inaccurate under Georgia law. In Georgia, that person is a victim of burglary, not robbery, because Georgia defines burglary […]
I am going to digress from a legal analysis this month. When not practicing law, I enjoy, among other activities, walking and gardening. Both lend themselves to listening to podcasts. One of my favorite podcasts is “Hidden Brain” on NPR. The host, Shankar Vedantam, “uses science and storytelling to reveal the unconscious patterns that drive […]
Rape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows: A person commits the offense of rape when he has carnal knowledge of: A female forcibly and against her will or: A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration […]
Possession of financial transaction card forgery devices in Georgia is different than possession of the cards themselves. In Georgia it is illegal to possess any devices used to fraudulently make financial transaction cards of a bank or other financial institution. All that is required to be found guilty of possession of these devices is a […]
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