Labor Day: Traffic Stop Tips

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LABOR DAY WEEKEND EDITION: What Do You Need To Know During A Police Traffic Stop?

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Most people share a general sense of anxiety when they see blue lights flashing in their rear-view mirror.  If you’re like me, when the blue lights come on your heart starts beating 100 mph, you start sweating, and your mind is racing.   Here are some helpful pointers on how to interact with a police officer during a traffic stop.

WHEN YOU SEE THE “BLUE LIGHTS”

1)   Slow down and pull over as quickly as possible.  You never want to give the officer the impression that you’re attempting to get away.  Also, you don’t want to slam on the brakes immediately.  Find a safe location (parking lot, driveway, open area on the side of the road, etc..) and pull over.

2)  Roll down your window, turn off your car, place the keys on the dashboard, and have your driver’s license ready to hand to the Officer.   Obviously, if a police officer pulls you over he/she is going to want to speak with you.  It’s always a good idea to go ahead and roll your window down as soon as possible.  You wouldn’t want the officer to think that you’re having difficulty with the simple task of rolling your window down.  So go ahead and do that first.

Placing your keys on the dashboard will put the officer at ease that you’re not going to take off.  A calm Officer can sometimes be the difference in going to jail and going home.

In addition, the Officers are trained to see if you have difficulty locating your driver’s license.  To many officers, the fact that you are nervous and may not be able to find your license right away is not normal and instead is an indication you’re drunk.  So go ahead and eliminate that assumption immediately.

3)   Let the Officer speak first.   The Officer is trained to get you to admit to the crime he/she thinks you’ve committed.  So a common question an Officer will ask is: “do you know why I pulled you over?”   A lot of people will say: “Yes, I was (insert traffic offense).”   If the Officer is recording your conversation, then there is a strong possibility that statement will be used against in court.  So go ahead and answer the question with an affirmative “no.”   It’s the Officers burden to prove you guilty of the alleged offense and not your burden to proof yourself innocent.

4)  BE POLITE!  This is the key to any interaction with a police officer.  If you are a jerk to the Officer the chances of you getting a ticket and/or getting arrested go up significantly.   Sometimes a police officer can say things that are rude or inconsiderate.   Take the high road.   Remember, on the road he feels like he is in charge and has the ability to really mess up your day.  You’ll have the final say if the case goes to court.  So don’t make it easier for the Officer.  Just be polite and your behavior won’t be used against you at a later date.

If you end up with blue lights in your rear view mirror, try some of the tips listed above.       We hope that no one ends up getting ticketed or, even worse, arrested.

Labor Day weekend is a great chance to relax and enjoy time with friends and family.  With so many people on the road, you can almost guarantee that the police will be out in force.  So be careful and have a great weekend.

GEORGIA LEGISLATURE CHANGES MUGSHOT LAWS

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A few months ago  we talked about the legality of having your mugshot posted all over the internet (see: Georgia Mugshot Websites). Recently, the Georgia General Assembly took another hard stance against companies who prey on those who are booked through Georgia jails.  Our legislature made some drastic changes to the Georgia mugshot laws.

Georgia law now requires that law enforcement agencies refrain from posting booking photographs on their jail inmate website.  The General Assembly went on to limit access to any booking photographs by restricting access to those who are (1) not using the photo for purposes for written publication or website publication; and (2) the person trying to obtain the photograph is not asking for removal or deletion of the booking photograph in exchange for money.  Law Enforcement agencies now can only release photographs to individuals who sign a statement affirming that the use of the photograph will NOT be for purposes of mugshot websites.

The General Assembly obviously recognized there was a serious problem with websites extorting those who have been booked through the criminal process.  Already, the Cobb County Sheriff’s Department has taken steps to remove all photographs from their jail website in accordance with the new law. Hopefully, these steps will put an end to for profit mugshot websites.

Please contact our office today at 404-581-0999 if you have been arrested in Georgia and you need help getting your mugshot removed.

Police Roadblocks in Georgia

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WHAT YOU NEED TO KNOW ABOUT ROADBLOCKS IN GEORGIA

by W. Scott Smith Esq. 

Roadblocks have become more and more popular among Georgia law enforcement agencies.  In North Georgia, we are seeing Georgia State Patrol roadblocks and Georgia Public Safety roadblocks for DUI more than ever before.

Here is what you need to know: The Fourth Amendment to the United States Constitution imposes limits on search-and-seizure powers in order to prevent arbitrary and oppressive interference by Georgia police officials with the privacy and personal security of individuals. The Fourth Amendment to the United States Constitution guarantees “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV. As its text indicates, the ultimate touchstone of the Fourth Amendment is ‘reasonableness.’ When a driver brings his vehicle to a stop as a result of a request or show of authority by a law enforcement officer, the officer effectively seizes the vehicle and everyone in the vehicle, the driver and all passengers. Such a seizure ordinarily is unreasonable, and hence unconstitutional – absent individualized suspicion. The United States Supreme Court has recognized, however, a narrow exception to the individualized suspicion requirement for vehicle stops made pursuant to a plan embodying explicit, neutral limitations on the conduct of individual officers. Under this checkpoint exception, the reasonableness of the initial stop depends not on individualized suspicion that the driver has committed a traffic violation or other wrongdoing, but instead on the balance between the public interest served by the checkpoint program and the right of individuals to personal security free from arbitrary and oppressive interference by Georgia officials.

Aside from general reasonableness, the Fourth Amendment applied to roadblocks also requires that the government follow with two other main requirements:

The first is that a roadblock is only satisfactory where [1] the decision to implement the roadblock was made by supervisory personnel rather than the officers in the field; [2] all vehicles are stopped as opposed to random vehicle stops; [3] the delay to motorists is minimal; [4] the roadblock operation is well identified as a police checkpoint; and [5] the screening officer’s training and experience is sufficient to qualify him to make an initial determination as to which motorists should be given field tests for intoxication.

The second requirement is that a roadblock program must a have a principle purpose other than the general interest in crime control. The Georgia Supreme Court stated late last year in its landmark roadblock decision Brown v. State that this requirement poses the question as to why an agency utilizes a roadblock.  If the primary purpose of the checkpoint program is crime-fighting in general then the checkpoints implemented under that program are unconstitutional, even if the decision to implement them was made well in advance by the official with the most policymaking authority in the agency.  The Court stated it is at the “programmatic level” that the “primary purpose” inquiry must focus, with the goal of ensuring that the agency has not authorized roadblocks primarily for the general crime control but rather for an “appropriate limited purpose” like traffic safety. Thus, the question is whether the police checkpoint at issue implement pursuant to a checkpoint program that had when viewed at the programmatic level, an appropriate primary purpose other than general crime control.

Based on this recent case law, when we challenge your initial stop at a roadblock by way of a motion to suppress, the State bears the burden of proving that the seizure was constitutional. This requires the State to prove that the stop was reasonable under the totality of the circumstances. At a minimum, the State must show that the law enforcement agency’s checkpoint program had an appropriate primary purpose other than ordinary crime control-a purpose examined at the programmatic level, rather than by trying to determine the motives of the supervisor who implemented and the officers who coordinated the particular roadblock at issue. Further, the State bears the burden of proving that the five (5) requirements in step one were met.  The written policy in Brown stated that the primary purpose of a roadblock was namely “to monitor and check driver’s licenses, driver condition, vehicle registrations, vehicle equipment, and various other requirements of the Georgia State Motor Vehicle and Traffic Code.” Further, the policy also expressly forbids the use of roadblocks as a pretext for general crime detection.  The Court upheld the policy as satisfying the second requirement.

It is our opinion at our criminal defense law firm that every roadblock needs to be closely scrutinized for illegal seizure.  Proper scrutiny requires an examination of a policy purpose of the checkpoint at the programmatic level. The Georgia law enforcement policy must sufficiently limit the agency performing the roadblock, whether it be Georgia State Patrol or others, so that the primary purpose of a roadblock could not be for general crime detection.

How do I get a bond?

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If you or a loved one has recently been arrested, the first thing on your mind is getting out of jail.  Unfortunately, the process of bonding out is more complicated than expected.  So, what do you need to know to get out of jail as quickly as possible?

1)      Will I get a bond?  If so, when?

In Georgia, the rules are organized according to whether the arrest offense is a felony or a misdemeanor.  If it is a misdemeanor, then you are entitled to a bond by law.  If the charge is a felony, then it is in the judge’s discretion whether to grant bail.  There are certain serious offenses for which only a superior court judge can grant bail.  In that case, the superior court will be notified of your arrest within 48 hours.  The superior court is then required to set a bond hearing within 30 days after receiving the notice.  However, if you file a petition for a bond, then the hearing must be held within 10 days after receiving the petition.

2)      What does the court consider when determining whether to grant bond and when determining high the bond should be? 

Judges consider four factors when determining whether to grant bond, and when determining how much the bond should be: (1) Are you a risk to run away and not come back to court?; (2) Do you pose a threat or danger to people or property in the local community?; (3) Is it likely that you will commit a felony before your case is resolved?; and (4) Are you likely to intimidate witnesses against you?

3)      Once I get a bond, what are my options for covering the amount? 

Cash bond – This requires you to put up the entire bond amount in cash or by money order.  Most people cannot afford the entire amount, and that is where bondsmen come in.  As long as you are able to pay 13-15% of the bond, then a bondsman will put up the money for you and require that you pay a fee.

*The money that you pay to bond out will be refunded at the close of the case as long as it is not forfeited by your failure to appear in court.  The fee to the bonding company will not be refunded. 

Property bond – You may be able to put up real property (house or land) as a way to guarantee your appearance in court.  Generally, you must have enough equity in the home or property to cover the amount of the bond.  In some places, you have to have twice the amount of the bond in equity.  Most bondsmen will still help you bond out of jail, and they may accept more than just real property.  For example, some will allow you to put up the title to your car as a guarantee that you will return to court.  Remember, if you use property to bond out and you fail to appear in court, then you are at risk of losing that property!

If you or a loved one have recently been arrested and want help bonding out, do not hesitate to contact us at 404-581-0999. You can trust that our firm will do everything possible to get you or your loved one out of jail and to make the process as simple and painless as possible.

Marijuana Blog Series Part 2: Federal Government’s War on Weed

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by Ryan Walsh

Federal Focus on Marijuana

Remember, regardless of whether you reside in Georgia, or are visiting one of the states that allows recreational or medicinal marijuana use, that marijuana cultivation, possession, or distribution in any manner is still federally regulated. Marijuana is a Schedule 1 substance under the Controlled Substances Act (21 U.S.C. §812) and all Schedule 1 substances under the CSA are considered to have a high potential for abuse and have no currently accepted medical use. Read more

Peach State Lawyer’s Marijuana Blog Series Part 1: Don’t Smoke and Drive

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When you google: “legal marijuana in Georgia” the results seem endless.  That’s probably because the legalization of marijuana has become one of today’s hottest political and social issues.  Everywhere you turn, the “marijuana” debate is front and center. In fact, CNN, Fox News, and other major news sources have been exploring the topic on a daily basis–presenting opinions about and predicting the effects of marijuana legalization.

Georgians have also joined the debate.   Supporters of marijuana legalization in Georgia have been vocal about the drug’s medicinal benefits and the industry’s potential profitability. Additionally, supporters have been calling for an end to the criminalization of marijuana possession, comparing it “Prohibition,” which ended in 1920. Those who are against the legalization of marijuana argue that marijuana is a gateway drug that will lead to widespread drug abuse and make our communities less safe.

What makes this debate so fascinating is the fact that there is bipartisan interest in legalization. Just recently, Georgia House Speaker, David Ralston, a conservative Republican, announced that even he would be interested in learning more about the medical benefits to marijuana and how Georgia can incorporate the legalization of marijuana into its own law.

Since we are still a few years away from legalization of marijuana in Georgia, it is important to understand how Georgia handles DUI-marijuana cases in the meantime.

CURRENT GEORGIA LAW AND DUI-MARIJUANA CASES

Georgia has already addressed driving under the influence of marijuana to some extent. Currently, the crime falls under Georgia’s broad DUI-drug statute. This statute allows a police officer to place a driver under arrest for DUI if the police officer believes a driver is under the influence of ANY drug (prescription or not) and that the drug is causing the driver to be a “less safe” driver.

There are a few different ways the officer can try to establish a case for DUI drugs and more specifically driving under the influence of marijuana.

First, the officer is trained to look for all the tell-tale signs that someone is high on marijuana.   Think about the people you knew growing up that liked to smoke marijuana. They often would have slower speech, blood shot eyes and a carefree attitude. Sometimes, marijuana smokers cannot control their laughter either. In addition to personal characteristics, police officers often include the smell of burnt marijuana as evidence of DUI-marijuana. Throughout any given investigation, police officers are looking for each and all of these signs.

Often times, police officers do not see all of the above-mentioned characteristics and therefore struggle to find probable cause to arrest a driver for DUI-Drugs.

In these situations, police officers are trained to establish a DUI-drugs case using the National Highway and Traffic Safety Administration’s (NHTSA) marijuana field sobriety test.  NHTSA, as you may know, is the federal agency tasked with designing field sobriety tests and training police officers to administer those tests in the most objective and scientifically accurate manner possible. Even though NHTSA has that responsibility, NHTSA is known for launching aggressive anti-DUI ad campaigns. In one ad, there is a car filled to the brim with beer and liquor. In another ad, there is an invisible police officer who stalks bar patrons as they head to their cars in an inebriated condition and drive recklessly on public roads. Georgia, like many other states, uses NHTSA’s manual to train its police officers on DUI investigation.

When a Georgia police officer believes a driver is impaired but cannot immediately determine what substance is causing the impairment, the officer is trained to conduct the DUI-Alcohol field sobriety tests.  If it appears that alcohol is not the reason why someone seems to be impaired, then the officer is trained to go into additional field sobriety tests to narrow down the potential causes of the impairment.  With these results, police officers can then make a determination as to whether there is probable cause (more likely than not) that the driver is under the influence of marijuana.

WHAT ABOUT MY LICENSE?

The post-arrest process for DUI drugs is very similar to a DUI alcohol arrest.   If an officer wants the driver to undergo additional chemical testing (which they almost always do), the officer MUST read the Georgia Implied Consent warning to the driver immediately after he is arrested. Basically, the Georgia Implied Consent warning tells the driver that his license is going to be suspended if he refuses to provide a sample of his blood, breath or urine.  In DUI-Alcohol cases, a breath test is the most popular form of chemical testing because it provides the officer with a quick, but not always accurate, printout of the drivers blood alcohol concentration. However, in DUI drug cases, a blood test is usually preferred because it can detect a variety of intoxicants–not just alcohol. Urine tests are rarely used in DUI investigations because the results have been found to be less accurate.

In Georgia, if a driver agrees to take a blood test, the driver will be taken to a nurse or phlebotomist who will then administer the blood draw.  If the driver agrees to the test then the blood will be packaged and sent to the Georgia Bureau of Investigations (GBI) crime lab, where it is tested for the presence of marijuana and other intoxicants. When looking for marijuana in a blood sample, GBI looks for the mere presence of THC, the active chemical in marijuana that causes a person to feel high. GBI does not, however, examine or ascertain the level of THC in a person’s blood. So, if a driver smoked marijuana a week prior to getting behind the wheel and still had THC in their system, then that drivers GBI report would read the same as the driver who smoked while driving.

Peach State Lawyers Practice in Decatur Municipal Court

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If you’ve been pulled over for a traffic charge, city ordinance violation, or some misdemeanors inside the city limits of Decatur, you will have to attend court at Decatur Municipal Court. Decatur Municipal Court arragignments are commonly held at night. Decatur Municipal Court is currently located at 120 West Trinity Place, Decatur, Georgia 30030. Municipal Court is held on the third floor of this building.

 

Decatur Municipal Court is one of the few municipal courts in the state of Georgia that holds preliminary probable cause hearings for felony and misdemeanor charges before binding them over to State or Superior Court. Those hearings are generally heard before traffic court on any given day.

 

Decatur Municipal Court expects all of its patrons to dress in a manner that shows respect for the court. They start on time at 6pm most days, and like most other municipal courtrooms in Georgia take private attorney cases before handling cases for unrepresented citizens. If you’d like a lawyer to represent you in a matter pending in Decatur Municipal Court, please contact the Peach State Lawyer at 404-581-0999 for a free in-person or phone consultation.

 

We look forward to helping you.

Peach State Lawyers Practice in Avondale Estates Municipal Court

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Avondale Estates. That small town center that looks like it’s taken straight out of the European countryside is home to Avondale Estates Municipal Court. If you’ve been pulled over by an Avondale Estates officer for a traffic misdemeanor or city ordinance, they’re going to want to see you in Avondale Estates Municipal Court.

 

Avondale Estates Municipal Court is located at 21 North Avondale Plaza, Avondale Estates, Georgia 30002. Court starts promptly at 8am on the date you have been told to attend. Like many other municipal courts, the calendars are crowded, and the Avondale Estates solicitor takes private attorney cases first, so be prepared to spend your entire morning in court.

 

If you’ve been charged with a traffic misdemeanor or city ordinance in the city of Avondale Estates, call the Peach State Lawyers today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in DeKalb Recorders Court

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If you’ve been pulled over or cited by a DeKalb County Police Officer, Sheriff, or Georgia State Patrol Trooper for any traffic violation including DUI; or have been cited for a DeKalb County code violation, you are due to appear in DeKalb County Recorders Court. Recorders Court is another name for traffic court. There is a solicitor. There is a judge. But cases in Recorders Court are not tried in front of a jury. DeKalb County Recorders Court is located at 3630 Camp Circle, Decatur, Georgia 30032. DeKalb County Recorders Court is not located in the same building as State and Superior Court. There is a fee to park around DeKalb County Recorders Court. It is at least $3, and must be paid in cash.

 

Court starts promptly at 8:30am, and you need to be there early to find out which courtroom you are assigned to. After you get through security, courtrooms are assigned by the first letter of your last name. You then enter your assigned courtroom and have a seat in the pews. Recorders courtrooms are extremely busy and it is not uncommon to see 150-250 people in each courtroom on any given day.

 

Like many municipal and traffic courts in the State of Georgia, solicitors handle private attorney cases first. Guilty pleas are handled after private attorney cases. The last cases handled in DeKalb County Recorders Court are unrepresented citizens looking to fight your case. There are no electronic devices allowed in DeKalb County Recorders Court.

 

Peach State Lawyers can go to DeKalb County Recorders Court on your behalf. We can negotiate with the solicitors to get your best possible options before asking you to waste your time in court to enter a plea. Then when you do decide how you want to handle your case, we can get you in and out of Court quickly and on with your day. If you are scheduled to appear in DeKalb County Recorders Court, please call us today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in Gwinnett Recorders Court

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If you’ve been pulled over or cited by a Gwinnett County Police Officer, Sheriff, or Georgia State Patrol Trooper for any traffic violation including DUI; or have been cited for a Gwinnett County code violation, you are due to appear in Gwinnett County Recorders Court. Recorders Court is another name for traffic court. There is a solicitor. There is a judge. But cases in Recorders Court are not tried in front of a jury. Gwinnett County Recorders Court is located at 115 Stone Mountain Street, Lawrenceville, Georgia 30046. Gwinnett County Recorders Court is not located in the same building as State and Superior Court.

 

There are three courtrooms in Recorders Court. Court starts promptly at 8:30am, and you need to be there early to find out which courtroom you are assigned to. After you get through security, go up the stairs to see a series of windows. At these windows you can check in, and get your courtroom assignment. You then enter your assigned courtroom and have a seat in the pews. Recorders courtrooms are extremely busy and it is not uncommon to see 150-250 people in each courtroom on any given day.

 

Like many municipal and traffic courts in the State of Georgia, solicitors handle private attorney cases first. Guilty pleas are handled after private attorney cases. The last cases handled in Gwinnett County Recorders Court are unrepresented citizens looking to fight your case. There are no electronic devices allowed in Gwinnett County Recorders Court.

 

Peach State Lawyers can go to Gwinnett County Recorders Court on your behalf. We can negotiate with the solicitors to get your best possible options before asking you to waste your time in court to enter a plea. Then when you do decide how you want to handle your case, we can get you in and out of Court quickly and on with your day. If you are scheduled to appear in Gwinnett County Recorders Court, please call us today at 404-581-0999 for a free consultation.