Retrograde Extrapolation: An Example from Karen Read

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Retrograde extrapolation is a scientific method used to estimate a person’s blood alcohol concentration (BAC) at a prior point in time—often at the time of an alleged offense—based on a later BAC measurement. This technique becomes especially relevant in DUI cases where there’s a delay between the time a person was driving and when their BAC is actually tested. Experts rely on known alcohol absorption and elimination rates to “work backwards” and estimate what the BAC would have been earlier.

“[Karen Read] had a blood alcohol content (BAC) of 93 milligrams per deciliter, or 0.093%. The legal BAC limit in Massachusetts (and Georgia) for driving is 0.08%.

Later, Nicholas Roberts, who at the time was a member of the Massachusetts Office of Alcohol Testing working with the Massachusetts State Police crime lab unit, took the stand.

He spoke about a type of “retrograde” testing that allows the lab to estimate what a person’s blood alcohol level would have been hours before an official blood test was taken.

Read’s blood was taken at 9:08 a.m. Using 12:45 a.m. as the estimated last drink Read consumed, Roberts estimated that her BAC would have previously been a minimum of 0.135% or a maximum of 0.292%.”

–CBS NEWS

In the recent Karen Read case, which drew national attention due to its complex facts and high-profile nature, retrograde extrapolation was used by the prosecution’s toxicology expert to support the theory that Read was intoxicated while driving. Specifically, the expert testified about how Read’s BAC, measured hours after the incident, could be calculated backward to suggest impairment at the time of the alleged event. This testimony played a role in the prosecution’s narrative, though its reliability was challenged by the defense.

 

How Retrograde Extrapolation Works in DUI Defense

From a DUI defense standpoint, retrograde extrapolation can be both a sword and a shield. Prosecutors often use it to argue that a driver’s BAC was over the legal limit at the time of driving—even if the test was administered well after the traffic stop or incident. However, defense attorneys are equally equipped to challenge the reliability of this method.

Key factors affecting retrograde extrapolation:

  1. Timing: The longer the delay between the alleged driving and the BAC test, the more speculative the estimate becomes. There’s just too many variables.
  2. Absorption Rate: Alcohol doesn’t enter the bloodstream immediately; food intake, type of alcohol, and body composition affect how fast it’s absorbed.
  3. Elimination Rate: Most people eliminate alcohol at a rate of 0.015% to 0.020% BAC per hour, but this can vary widely.
  4. Assumptions: Experts must assume the driver was post-absorptive (no more alcohol being absorbed) at the time of the test, which may not always be accurate.

A  defense attorney can challenge retrograde extrapolation on multiple grounds:

Individual Variation: The method uses general population averages, which may not apply to the defendant.

Incomplete Data: If there’s only one BAC reading and no information about the driver’s drinking timeline, any extrapolation is built on shaky assumptions.

Scientific Uncertainty: The scientific community acknowledges limitations and the potential for large margins of error, especially with unknown drinking patterns.

If you’re facing a DUI charge give us a call today and talk to one of our skilled DUI Defense Attorneys.

Consequences of Being Convicted of Family Violence Battery in Dekalb County

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In Dekalb County, a family violence battery conviction carries serious and lasting consequences that extend beyond the courtroom. Whether it’s a first-time misdemeanor or a subsequent felony offense, the impact on one’s personal, professional, and legal life can be profound.

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Legal Penalties

Under Georgia law, a first conviction for family violence battery is classified as a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. However, many judges opt for probation, which often includes mandatory participation in a Family Violence Intervention Program (FVIP). Failure to complete this program can result in additional penalties, including potential incarceration.

A second or subsequent conviction for family violence battery is automatically classified as a felony, carrying a prison sentence ranging from one to five years.

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Collateral Consequences

Employment and Professional Licensing

A family violence battery conviction can severely hinder employment prospects. Many employers conduct background checks and may disqualify applicants with a history of domestic violence offenses. Additionally, professionals in fields such as healthcare, education, and law may face disciplinary actions or loss of licensure due to a conviction.

Firearm Restrictions

Both federal and state laws prohibit individuals convicted of domestic violence offenses from possessing firearms. This restriction applies even to misdemeanor convictions and can affect individuals’ eligibility for certain jobs and activities requiring firearm use.

Family Law Implications

Family courts prioritize the safety of children and may modify custody and visitation arrangements if a parent is convicted of family violence battery. Convictions can lead to supervised visitation or, in severe cases, the loss of parental rights.

Immigration Consequences

Non-citizens convicted of family violence battery may face deportation, denial of visa applications, or ineligibility for naturalization under federal immigration law.

Long-Term Impact

Beyond immediate legal penalties, a family violence battery conviction can have enduring effects on an individual’s reputation and social relationships. The stigma associated with domestic violence offenses can lead to strained relationships with family and friends, and challenges in rebuilding one’s personal and professional life.

Seeking Legal Counsel

Given the serious consequences of a family violence battery conviction in Georgia, it’s crucial to seek experienced legal representation. A skilled attorney can provide guidance on defense strategies, potential plea options, and the implications of a conviction on various aspects of your life. Early legal intervention can make a significant difference in the outcome of your case.

The lawyers at the Law Office of W. Scott Smith have vast experience in handling family violence battery cases in Dekalb County. Call us at 404-581-0999 for a free consultation.

Aggravated Child Molestation in Douglas County

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Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Douglas County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

If you are arrested, do not talk to the police. You will be taken to the Douglas County jail and you will be on the first appearance calendar the following day.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Douglas County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the  Douglas County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Consequences of Being Convicted of Family Violence Battery in Fulton County

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In Fulton County, a family violence battery conviction carries serious and lasting consequences that extend beyond the courtroom. Whether it’s a first-time misdemeanor or a subsequent felony offense, the impact on one’s personal, professional, and legal life can be profound.

____________________________________________________________________________________________________________________________________

Legal Penalties

Under Georgia law, a first conviction for family violence battery is classified as a misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. However, many judges opt for probation, which often includes mandatory participation in a Family Violence Intervention Program (FVIP). Failure to complete this program can result in additional penalties, including potential incarceration.

A second or subsequent conviction for family violence battery is automatically classified as a felony, carrying a prison sentence ranging from one to five years.

____________________________________________________________________________________________________________________________________

Collateral Consequences

Employment and Professional Licensing

A family violence battery conviction can severely hinder employment prospects. Many employers conduct background checks and may disqualify applicants with a history of domestic violence offenses. Additionally, professionals in fields such as healthcare, education, and law may face disciplinary actions or loss of licensure due to a conviction.

Firearm Restrictions

Both federal and state laws prohibit individuals convicted of domestic violence offenses from possessing firearms. This restriction applies even to misdemeanor convictions and can affect individuals’ eligibility for certain jobs and activities requiring firearm use.

Family Law Implications

Family courts prioritize the safety of children and may modify custody and visitation arrangements if a parent is convicted of family violence battery. Convictions can lead to supervised visitation or, in severe cases, the loss of parental rights.

Immigration Consequences

Non-citizens convicted of family violence battery may face deportation, denial of visa applications, or ineligibility for naturalization under federal immigration law.

____________________________________________________________________________________________________________________________________

Long-Term Impact

Beyond immediate legal penalties, a family violence battery conviction can have enduring effects on an individual’s reputation and social relationships. The stigma associated with domestic violence offenses can lead to strained relationships with family and friends, and challenges in rebuilding one’s personal and professional life.

____________________________________________________________________________________________________________________________________

Seeking Legal Counsel

Given the serious consequences of a family violence battery conviction in Georgia, it’s crucial to seek experienced legal representation. A skilled attorney can provide guidance on defense strategies, potential plea options, and the implications of a conviction on various aspects of your life. Early legal intervention can make a significant difference in the outcome of your case.

____________________________________________________________________________________________________________________________________

The lawyers at the Law Office of W. Scott Smith have vast experience in handling family violence battery cases in Fulton County. Call us at 404-581-0999 for a free consultation.

Why You Should Never Make a Statement to the Police Without a Lawyer

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If the police want to talk to you, your first instinct might be to cooperate and explain your side. But here’s the truth: you should never make a statement to the police without a lawyer present.

Here’s why:

  • Anything you say can be used against you. Even if you’re innocent, your words can be misunderstood, taken out of context, or used to build a case against you.
  • Police are trained to get information. They know how to ask questions in ways that might lead you to say something incriminating without realizing it.
  • They can legally lie. Officers can falsely claim they have evidence or witnesses to get you to talk. Trying to “clear things up” can backfire fast.
  • You don’t know what they know. Without full knowledge of the investigation, you could unintentionally say something that harms your position.
  • Innocent people get charged. Many wrongful convictions started with someone trying to cooperate. Staying silent is not an admission of guilt—it’s a smart legal move.

Crucial reminder: “Anything you say can and will be used against you in a court of law.” Before you speak to law enforcement, protect yourself— call the experienced attorneys at W. Scott Smith, P.C. We’ll stand by you, protect your rights, and guide you through every step of the process.

Your words carry weight. Let us help you choose them wisely.

 

FIRST OFFENDER

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The First Offender Act is a progressive statute implemented by the State of Georgia where a person who has never been convicted of a prior felony offense can be sentenced on a pending charge, but subsequently, have those charges sealed by the court if he/she successfully completes their First Offender sentence.

According to O.C.G.A. § 42-8-60, the accused may be eligible under the First Offender Act if the following statements are true:

  • The accused has never been convicted of a felony;
  • The accused have never been previously sentenced under the First Offender Act;
  • The offense charged is not a serious crime committed against a law enforcement officer engaged in his/her duties;
  • The offense charged is not Driving Under the Influence (O.C.G.A. § 40-6-391);
  • The offense charged is not a serious violent felony (O.C.G.A. § 17-10-6.1);
  • The offense charged is not a serious sexual offense (O.C.G.A. § 17-10-6.2);
  • The offense charged is not related to child pornography (O.C.G.A. § 17-10-100.2);
  • The offense charged is not related to electronic sexual exploitation of a minor, computer pornography (O.C.G.A. § 17-10-100);
  • The offense charged is not trafficking of persons for labor or sexual servitude (O.C.G.A. § 16-5-46); and
  • The offense charged is not neglecting disabled adults or elderly people (O.C.G.A. § 16-5-101).

HOW IT WORKS

Trial counsel for the accused must ask the judge to sentence him/her under the First Offender Act. Then, the judge will consider whether to sentence the accused to First Offender after he/she hears arguments from both the prosecution and the defense. If the judge sentences the accused under First Offender, his/her official criminal history will describe the disposition of the crime charged as “First Offender” until the sentencing term is successfully completed. If the accused violates any conditions placed on him/her during their term of sentence, including committing another crime, the judge has the discretion to revoke the First Offender status. This means that the accused will be sentenced and convicted, which will be shown on his/her official criminal history. In revoking one’s status, the judge does have discretion to sentence the accused to the maximum penalty for the crime charged. However, if the term of sentence is successfully completed, the clerk of court will seal the offense charged from his/her official criminal history.

CONTACT US

At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about the consequences of a criminal conviction on one’s record, as well as all possible options for our clients dealing with pending allegations. Therefore, if you have been recently arrested on a criminal charge or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.

Understanding Georgia’s Recidivist Statute: What You Need to Know if You’re Facing Charges

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At W. Scott Smith, P.C., we know that facing criminal charges is stressful and confusing—especially if you have prior convictions. One of the most important laws you should be aware of if you’re in this situation is Georgia’s recidivist statute. Understanding how this law works, and how it can impact your future, is crucial. We’re here to help.

What is the Recidivist Statute?

In simple terms, a “recidivist” is a repeat offender—someone who has previous felony convictions and now faces new felony charges. Georgia’s recidivist statute requires judges to impose harsher sentences on individuals who have prior felony convictions. The law is complex and can result in mandatory maximum sentences, loss of parole eligibility, and limited opportunities for probation or early release.

There are two types of Recidivist notices.

  • One prior felony conviction you get the maximum sentence for the crime but a portion of the sentence can be probated (unless the statute for the underlying offense specifically prohibits probation): The defendant may be sentenced to the maximum prison time allowed for the current offense.
  • Three Strikes Rule: If a defendant has three prior felony convictions, they may face the maximum sentence and no parole eligibility for a fourth felony conviction.

How Can the Recidivist Statute Affect You?

If you have one or more prior felony convictions, and you are charged with a new felony, the recidivist statute can significantly increase the amount of time you may have to serve in prison. In some cases, you could be required to serve the maximum sentence allowed for the new charge, and you may not be eligible for parole. For people with multiple prior felonies, the law is even stricter—sometimes requiring you to serve every day of your sentence without the possibility of parole or early release.

Why You Need an Experienced Attorney

The recidivist statute is unforgiving, but there are still ways to fight your charges and protect your rights. An experienced criminal defense attorney can review your case, examine your prior convictions, and develop a strategy to minimize the consequences you face. Sometimes, prior convictions may not count for recidivist sentencing, or there may be legal arguments that could reduce your exposure to these enhanced penalties.

Don’t Face This Alone – Get Help Now

If you or a loved one is facing criminal charges and has a prior record, it’s vital to understand what’s at stake. The consequences of being served with a notice of aggravation of punishment under Georgia’s recidivist statute are severe, but you do not have to navigate this process alone. At W. Scott Smith, P.C., we offer free consultations seven days a week to help you understand your situation and your options.

Call us today at 404-581-0999 to schedule your free consultation. Let us put our experience to work for you and fight for your future.

The Anatomy of a Criminal Case in Cobb County Superior Court

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When a prospective client calls our office, they are usually understandably overwhelmed by the judicial system. The judicial system is complicated, and it is often taken for granted that many individuals do not have any experience navigating the complex system. In this article, I will break down each step in the process when you are facing criminal charges in Cobb Superior Court.

Incident/Arrest

A criminal case begins when an incident occurs or when you are arrested. Sometimes this is immediately after allegedly committing a crime and sometime this is after a law enforcement agency does some investigating and decides that an arrest is appropriate and obtains a warrant from a magistrate judge. At this point, you will be booked into the Cobb County Jail.

First Appearance and Bond Hearing

This is the first time you will go before a judge. In Fulton County, felony first appearance hearings occur every day but Sunday and are held virtually at 11:30. Defendants appear from the jail and the magistrate judge and private lawyers appear remotely. When determining if you will receive a bond, and how much that bond will be, the judge will consider several things. Among other factors, the judge will consider your criminal history and your ties to the community when determining the amount of your bond.

Preliminary Hearing

In Cobb County, you will not receive a preliminary hearing if you bond out. If you do not bond out, you are entitled to this hearing in which the judge decides if there is enough evidence to support the charges. If the judge decides there is not enough evidence to support the charges, your charges will be dismissed. Remember that you won’t have this hearing if you bond out.

Transfer of Incident Report and Evidence and Investigation

Next, the arresting agency sends the incident report and any evidence to the office that will be responsible for prosecuting your case. For felonies in Cobb County, this is the District Attorney’s Office. The District Attorney’s Office will then investigate your case and prepare the paperwork needed to formally accuse your case.

Charging of Your Case

For felonies, the charging document is called an accusation or indictment. The charging document details what crimes you have been charged with and provides details about how each crime was allegedly committed. Once this charging document is drafted, your case will be assigned to a Cobb County Superior Court judge and will be assigned a unique case number that will track the case.

Arraignment

In Cobb County Superior Court, an arraignment is your first court appearance after your case is officially accused. Three things happen at arraignment: you receive a copy of the charges, you enter a plea of not guilty, and you request a jury trial. We can often waive this hearing and enter a plea of not guilty on your behalf so that you will not have to attend this court date.

Filing Motions

After your arraignment, we will file written motions in your case. We will file preliminary motions which include asking the State for a copy of the evidence in your case. After reviewing the evidence, we will file any additional necessary motions. These might include motions to suppress any evidence that we believe was obtained in a way that violated your constitutional rights.

Motions Date

After filing our written motions, your case will be placed on a motions calendar to allow us to argue the motion in front of your assigned judge. Sometimes a judge will issue a ruling right away and sometimes a judge will issue a written ruling in a few weeks. This motions hearing may include testimony from the officer that arrested you or may simply be legal argument.

Trial

If we do not receive an offer to resolve your case that is favorable, we will place your case on a trial calendar. This is our signal to the State that we want to take your case to trial in front of a jury of twelve of your peers. Depending on your charges and the amount of evidence involved in your case, trial could be as short as one day or could last multiple days.

 

This is an overwhelming process and is not designed to be navigated easily on your own. We would be honored to represent you through every step of the process. If you are facing any type of felony charge in the Superior  Court of Cobb County, call our office today at 404-581-0999 for a free consultation.

Driving with a Suspended License in Fulton County, Georgia: What You Need to Know

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If you’re caught driving with a suspended license in Fulton County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation.

According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number or prior convictions within the past five years:

First Offense punishment:

  • No less than 2 days in jail
  • A fine of $500 to $1000
  • You could also be placed on probation

Second or Third Offense punishment:

  • No less than 10 days in jail
  • A fine of $1000 to $2500
  • You could also be placed on probation

Fourth Offense punishment:

  • Considered a felony
  • 1 to 5 years in jail
  • Fines
  • Probation

Driving with a suspended license in Fulton County, Georgia, is a serious offense with significant legal consequences. If you’re facing charges, consult the qualified lawyers at W. Scott Smith, P.C. to understand your options. Call us at 404-581-0999 for a free consultation.

POSSESSION OF THC OIL

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Generally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act.

THE OFFENSE

V.G.C.S.A. offenses, which stands for “Violations of the Georgia Controlled Substances Act,” include criminal charges relating to the possession of THC oil. According to O.C.G.A. § 16-13-25 of the Georgia Controlled Substances Act, THC oil is considered a Schedule I controlled substance. A Schedule I controlled substance is defined as:

  1. A drug or other substance that has a high potential for abuse;
  2. The drug or other substance does not currently have any accepted medical use in treatment in the United States; and
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

According to O.C.G.A § 16-13-30, it is unlawful for any person to purchase, possess, or have under his or her control any controlled substance, this includes non-medicinal THC oil, which is categorized as a Schedule I felony in the State of Georgia.

LOW THC OIL

However, an experienced criminal defense attorney could negotiate for a felony charge to be reduced down to a misdemeanor under O.C.G.A. § 16-12-191. This statute governs the possession of “low THC oil.” Pursuant to this statute, it is unlawful for any person to possess, purchase, or have under his control, 20 fluid ounces or less of low THC oil. If convicted under this statute, the accused will be sentenced to misdemeanor punishment.

In order for it to be considered “low THC,” the prosecution must prove that the oil was less than a 5% concentration of THC. Thus, the GBI crime lab must provide to the State, as well as to the defense, an analysis of THC concentration, which does not always happen in every case. If this is not provided, the prosecution will have difficulty proving that the oil is above a 5% concentration of THC, and therefore, an experienced criminal defense attorney could negotiate for a felony possession of THC oil charge to be reduced down to a misdemeanor.

CONTACT US

Due to the complexity of the charge of possession of THC oil, as well as the severity of the punishment, it is of vital importance to hire an experienced criminal defense attorney to defend you against such serious allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know the possible options of an accused arrested and charged with possession of THC oil, we are experienced and skilled at defending such allegations, and we work tirelessly at advocating for our client’s rights. Therefore, if you or a loved one has been arrested for possession of THC oil, please call our office today at 404-581-0999 for a free consultation.