Theft by Taking Arrest in Georgia

/in , , , /by

In Georgia, a theft charge can encompass either misdemeanor or felony penalties, depending on the value of the goods or property in question. If you have been arrested for theft, you could be charged with any of the following: theft by taking, theft by deception, theft by conversion, theft by shoplifting, and so on. However, the most commonly charged theft that appears in Georgia is theft by taking. According to O.C.G.A. § 16-8-2, theft by taking occurs when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated. Typically, this occurs when the property is taken without the knowledge of the victim at the time of the alleged offense.

Value of Goods

In determining whether the theft by taking charge will be characterized as a misdemeanor or a felony depends on the value of the goods/property, which were allegedly stolen, taken, and/or appropriated. Property or goods valued at less than $500 are generally charged as misdemeanors. Alternatively, if the goods in question are valued at a price greater than $500, the State of Georgia could charge you with a felony offense.

Penalties

In misdemeanor theft by taking cases, a conviction could result in no more than a year in jail and a $1,000 fine. However, following a felony theft by taking conviction, a judge could sentence you between 1-10 years in prison.

Due to the severity of the punishment for a theft by taking conviction, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these allegations by either getting the charges dismissed by bringing forth defenses to such allegations or requesting a reduction in the penalty of such charges.

Defenses

Here are some common defenses for theft by taking cases in Georgia:

  • There was no theft;
  • Acted under an honest claim of right or ownership of property;
  • Charge should be reduced depending on the value of the goods and amount taken;
  • There was no intent to steal;
  • The accused was unaware that the property was of another;
  • The intention was to borrow the item, not to steal it;
  • Intoxication, if it negates the intent element.

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by taking, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by taking, please call our office today at 404-581-0999 for a free consultation.

Theft by Shoplifting Arrest in Georgia

/in , , , /by

In Georgia, a theft by shoplifting charge can be prosecuted in municipal court, state court, or even superior court. The State of Georgia may allege that the accused violated a city municipal ordinance, a law in which the offense is charged as a misdemeanor, or in more serious cases, a felony.

According to O.C.G.A. § 16-8-14, theft by shoplifting occurs when a person, working alone or with others, takes merchandise without paying for it and with the intent to either deprive the owner of any part of the value of the item or to appropriate the item for their own use.

When committing the offense of theft by shoplifting, it can occur in many different forms:

  • Concealing the goods;
  • Altering the price tag;
  • Transferring the item from one container to another;
  • Switching the price tag from another item to the item in question; or
  • Wrongfully causing the price to be less than the original price stated.

Value of Goods/ Property

In determining whether the theft by shoplifting charge will be characterized as a misdemeanor or a felony depends on the value of the stolen goods. In Georgia, property or goods valued at less than $500 are generally charged as misdemeanors. Alternatively, if the goods in question are valued at a price greater than $500, the prosecution may file felony charges against the accused.

Furthermore, the State of Georgia can prosecute an accused for a felony offense if he/she allegedly stole items from three different stores in the same county, within seven days of each other, if the cumulative value of the goods stolen exceeds $500. Additionally, an accused’s criminal history of past theft may impact his/her sentencing or punishment.

Penalties

In misdemeanor theft by shoplifting cases, a conviction may result in no more than a year in jail and a $1,000 fine. However, following a felony theft by shoplifting conviction, a judge could sentence you between 1-10 years in prison. As stated above, past criminal history plays a role in penalties following a conviction for theft by shoplifting.

Due to the severity of the punishment, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these charges by either getting them dismissed by bringing forth affirmative defenses to such allegations or requesting for a reduction in the penalty of such charges.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by shoplifting, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by shoplifting, please call our office today at 404-581-0999 for a free consultation.

Facial Recognition Software in Georgia Policing

/in /by

Since 1956, law enforcement agencies have used video surveillance systems as a means of deterring, preventing, and prosecuting criminal acts. The miniaturization and decreasing cost of this technology now allows police departments across the United States to film suspects with hidden cameras.

 

But even more recently, facial recognition technology is being utilized in the criminal justice system. Facial recognition software uses algorithms to recognize and then represent patterns and relationships in human and facial features. These patterns and relationships are then compared to known photographs from a watch list, a video library of individuals stored in a law-enforcement database. The software offers a percentage score based on how confident the system is about a identification. Faces that do not match the database are immediately discarded.

 

In 2020, the Atlanta Police Department began using this technology to further their police practices. APD uses a software program called Clearview AI in order to identify suspects. The Supreme Court of Georgia recently issued a decision highlighting the use of such technology in Reeves v. State (S20A1005). In Reeves, investigators identified a murder suspect from photographs on Instagram. This photo was sent to the DMV who used facial recognition software to create a pool of potential suspects. The software indicated that the suspects drivers license photo was the best match. After determining the suspect was the one shown in the Instagram photos, detectives created a six person photographic array, which was then shown to the surviving victims. From the photographic array the shooter was identified.

 

The ability and quantity of these biometric applications is increasing everyday. In addition to facial recognition software, we can expect law-enforcement to develop and use other identification methods such as voice recognition, signature recognition, fingerprint imaging, and measurement scans, hand vein mapping, iris recognition, and retinal scans

 

These technologies have raised privacy considerations in our legislature, case law, and public discourse. While the use of facial recognition software presents a novel question to the courts, current case law suggests a willingness to approve the use of audio and video recordings as evidence in criminal cases, even without a search warrant in some instances. Over time, we can expect our definition of privacy to shift towards offering less protection as the scope of our constitutional rights are narrowed by emerging biometric technology.

 

Contact Us

 

If you or a loved one is facing criminal prosecution, please contact our office today at 404-581-0999 for a free consultation. Our firm has specialized knowledge and experience in handling criminal cases in multiple jurisdictions across Georgia.

 

 

Theft by Shoplifting Charges in Rockdale County, Georgia

/in , , , /by

A shoplifting conviction is no small matter. It will negatively impact your ability to gain employment, apply for housing, and it will permanently remain on your criminal record. It is critical you contact an experienced attorney to investigate the facts, prepare legal challenges and defenses, and mitigate possible punishment. Our firm routinely handles shoplifting cases in Rockdale County State Court. This article means to explain the nature of shoplifting under Georgia law, the possible punishment, and how these matters are specifically handled in Rockdale County, Georgia.

 

The Offense

 

Under O.C.G.A § 16-8-14, the offense of theft by shoplifting occurs when a person has the intent to either appropriate merchandise without paying for it or deprive the owner of possession of the merchandise or of its value AND:

 

  • Takes possession of or conceals the goods or merchandise of a store or retail establishment;
  • Alters the price marked on the goods or merchandise of a store or retail establishment;
  • Transfers the goods or merchandise of a store or retail establishment from its original box or container to another one;
  • Switches the price tag or label from one merchandise item with the price tag or label from another merchandise item; or
  • Wrongfully causes the amount paid for an item to be less than the merchant’s state price for the item

 

Arrest, formal criminal charges, and aggressive prosecution are all possibilities if you engage in the above conduct.

 

Punishment

 

The penalties for shoplifting in Rockdale County depend on the “value” of the property taken. A first shoplifting conviction involving the theft of merchandise valued at $500 or less is a misdemeanor. This is punishable by a fine up to $1,000 and incarceration for up to 12 months in jail, or both. Shoplifting offenses involving the theft of merchandise worth more than $500 are deemed felonies and can be punished by imprisonment for as long as ten years, depending on the total value of merchandise stolen.

 

It is important to note that a fourth or subsequent conviction for shoplifting is punished as a felony even though the prior convictions were all for misdemeanor shoplifting. Fourth or subsequent convictions are punishable by a prison sentence of one to ten years.

 

 

In addition to jail time and a fine, punishment may also include a psychological evaluation and treatment at their own expense, shoplifting seminars, community service, and restitution for the value of the property taken (if not returned).

 

How it Works in Rockdale

 

After arrest, a case file is created with the Rockdale County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within Rockdale County by filing an “accusation.” An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case.

 

It is possible to resolve a theft by shoplifting charge prior to the filing of an accusation. Attorneys should contact the Solicitor General’s Office to see if they are eligible to be admitted into the Rockdale County Pre-Trial Diversion Program. If the accused successfully completes the diversion program, their charges will be dismissed with their records restricted.

 

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” If accused and not eligible for diversion, the accused must begin preparing their case for a possible trial, subject to reaching a plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, Rockdale County prosecutors are largely unwilling to outright dismiss shoplifting charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to shoplifting or proceed to trial.

 

Contact Us

 

Being charged with Theft By Shoplifting can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every shoplifting case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with shoplifting, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

Habitual Violator Conviction and License Suspension in Georgia

/in , , , /by

Being declared a habitual violator can have very long-term and harmful effects on drivers in Georgia. Habitual violator is a status that occurs when convicted of certain traffic offenses, and it results in an immediate five year license suspension. It is also an offense that goes onto a person’s criminal history and can even lead to felony charges and prison time.

 

Convictions arising from a single incident or separate incidents to any three of the following violations within a 5-year period, as measured from date of arrest will cause the driver to be declared an Habitual Violator in accordance with O.C.G.A. §40-5-58:

 

  • Homicide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393 (a) or (b)

 

  • Homicide by Vehicle (2nd Degree) as defined by O.C.G.A. §40-6-393 (c)

 

  • Any felony in the commission of which a motor vehicle is used

 

  • Hit & Run – Leaving the scene of an accident as defined by O.C.G.A. §40-6-270

 

  • Racing on Highways or Streets as defined by O.C.G.A. §40-6-186

 

  • Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer as defined by

O.C.G.A. §40-6-395

 

  • Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration as

defined by O.C.G.A. §40-6-15

 

  • DUI and DUI Child Endangerment

 

  • Feticide by Vehicle (1st Degree) as defined by O.C.G.A. §40-6-393.1 (a) (1)

 

  • Serious Injury by Vehicle as defined by O.C.G.A. §40-6-394

 

All three offenses can be from the same incident, or on the other hand, can be still be counted if they occurred within a five-year period. For example, it is possible to become a Habitual Violator if convicted of DUI, Hit and Run, and Child Endangerment in one incident. However, even if you pled nolo contendere to Hit and Run five years ago, and are later charged on different dates for any of the above crimes, this too will trigger Habitual Violator status. In order for due process to be met, the State must comply with specific notice requirements to drivers as it relates to Habitual Violator status.

 

Even if you pled guilty in Court under Georgia’s First Offender Statute to the above offenses, the Department of Driver Services still counts it as a conviction. Likewise, a Nolo Contendere plea is also considered a conviction under this statute and will not save your license.

 

A person who is declared a Habitual Violator immediately undergoes a five-year long driver’s license suspension. There may be a limited permit available after first serving a two-year hard license suspension.

 

Can I get a limited permit after being declared a Habitual Violator?

 

A 3-year limited driving permit may become available after the first two year suspension so long as the person has not been convicted or pled nolo to any moving traffic offense in the two years prior to applying. An approved Defensive Driving course or Risk Reduction course is also required to obtain a probationary license. Additionally, the person applying for a limited permit must submit a sworn affidavit that he or she does not use alcoholic beverages or illegal drugs. In cases involving two or more DUIs, an Ignition Interlock is required to be installed on the vehicle for a period of 12 months. In order to be granted a probationary limited permit after being declared a Habitual Violator, it must be shown that the “refusal to issue such a permit would cause extreme hardship to the driver.”

 

So long as the above conditions are met, and a fee in the amount of $210.00 is paid, the probationary license may be issued by Georgia Department of Driver Services. These probationary limited permits may have restrictions that limit the specific places the licensee is allowed to drive, or the routes and times of travel, as well as the specific vehicle the licensee may operate.

 

What happens if I drive after being declared a Habitual Violator without a permit?

 

            Georgia law makes it a felony offense to drive while being declared a habitual violator. Under O.C.G.A. 40-5-58(c), if convicted of driving after being declared a habitual violator, the punishment is a minimum fine of $750, or 1 to 5 years in prison, or both. In order to be convicted of Felony Habitual Violator, the State must prove the offender was declared a habitual violator, was properly notified of that status, and that he or she operated a vehicle without having obtained a valid license. Georgia law does allow defense of Justification at trial in Habitual Violator cases.

 

            Similarly, if convicted for any of the above offenses, including DUI, after having been declared a habitual violator is a serious felony offense in Georgia that can carry prison sentences of up to five years and a base fine between $1,000 and $5,000 on top of any sentencing from the new crimes.

 

While driving as a Habitual Violator is a felony offense in Georgia, it is a misdemeanor offense to be convicted of any minor traffic offense, after having been given a probationary limited permit. A conviction for a traffic offense while on the probationary limited permit can carry fines and up to 12 months in jail.

 

Being declared a Habitual Violator in Georgia is the most serious of traffic and license issues you can encounter in Georgia. This is why it is important to be represented in all traffic cases as you can unknowingly become a Habitual Violator by paying tickets on any of the above offenses (even a Suspended Registration). The life-long consequences of being declared a Habitual Violator are severe, so make sure to have a Georgia traffic and criminal attorney advocate for you in such traffic cases. If you or a loved one has been arrested for Habitual Violator status, or any of the contributing crimes to Habitual Violator, call us today for a FREE CONSULTATION at 404-581-0999.

Racing or Drag Racing Arrests and Citations in Atlanta, Georgia

/in , , /by

Street racing is considered major traffic violation in Georgia. Throughout 2020, there was a significant increase in Street Racing and Laying Drag in Atlanta. In response, the Atlanta Police Department and Georgia State Patrol implemented a substantial coordinated effort to reduce street racing and laying drag on highways. According to the Atlanta Police Department, there were over 2,000 911 calls made between January and October 2020 to report street racing, or laying drag in Atlanta.[1] This blog will explain in detail the law on Racing in Georgia.

 

Racing on Highways or Streets, defined by O.C.G.A. § 40-6-186, means the use of one or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes. Georgia law prohibits any vehicle on a highway or street to engage in any race, or speed competition. It is considered a misdemeanor criminal offense. Officers in Georgia can either issue a citation or make an arrest for Racing. After citation or arrest, there will be an arraignment hearing where you will be asked to enter a guilty or not guilty plea. During the course of the criminal case, there may be plea negotiations, a bench trial, or a jury trial.

 

What is the punishment for Racing in Georgia?

 

Since it is a misdemeanor offense, the maximum penalty is 12 months in jail for this charge.  In addition to Racing, the officer may also cite you with speeding and reckless driving, which each can carry another 12 month sentence consecutive. In addition to probation or jail, there will be insurance premium increases, and a mandatory license suspension. If you are convicted of Racing in Georgia, the license suspension is a minimum 120 days. A limited permit is an option that can be explored.

 

However, the driver’s license suspension could be much longer depending on any previous tickets on your motor vehicle report. This is because Racing is a contributing offense towards Habitual Violator status. For example, if in the past five years you were convicted of Suspended Registration, DUI, and Racing, it would be a five-year habitual violator suspension. (Check out our blog on Habitual Violator here: ___________). A skilled defense lawyer will evaluate your motor vehicle report to help advise you on license consequences as well as negotiate favorable resolutions where license suspension, points, and jail are always avoided where possible. Lastly, bench and jury trials are also an option in Racing and other traffic cases.

 

If you or a loved one has been cited or arrested for Racing in Atlanta, give us a call for a FREE CONSULTATION at 404-581-0999. With increased focus throughout Atlanta on these types of charges, it is imperative to have an advocate in court if you are charged with Racing or Laying Drag in Georgia.

[1] Reckless Driving, Laying Drag, and Racing on Highways/Streets Charges Issued by APD https://citycouncil.atlantaga.gov/Home/ShowDocument?id=4598

Laying Drag Arrests and Citations in Atlanta, Georgia

/in , , /by

This past year saw a new illegal trend in Atlanta: Laying Drag. We saw it everywhere from local news coverage to live streamed social media posts of cars driven in a circular course while bystanders gathered to look on. In response to the increase in Laying Drag in Atlanta, the Atlanta Police Department and the Georgia State Patrol has cracked down by issuing hefty citations and making arrests for those involved. In fact, Atlanta Police Department has a specific street racing detail that “aggressively monitors and pursues” those involved in laying drag or street racing. Likewise, there has been a sharp increase in prosecutions for laying drag.

 

Under O.C.G.A. § 40-6-251, Georgia law prohibits drivers from operating their vehicle in a manner that creates a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around. Citations or arrests can be made if laying drag was on highways, streets, or even in parking lots.

 

The exception under Georgia law for driving in such a way is to avoid an accident or collision. Otherwise, laying drag in Georgia is a misdemeanor criminal offense. The penalty for misdemeanors in Georgia is jail time up to 12 months or a $1,000 fine, or both. Paying a ticket online or at court for laying drag is a guilty plea and admission of guilt.

 

If convicted of Laying Drags in Georgia, the Department of Driver Services will also assess 3 points onto your driver’s license. This can cause insurance premium increases and even a license suspension depending on what other citations you have on your record, or are given at the same time as Laying Drag. For example, most police officers will issue at a minimum BOTH a Laying Drag ticket simultaneously with a Reckless Driving ticket. Reckless Driving is a charge that is reported to your criminal history and would assess an additional 4 points on your motor vehicle report.

 

Given the increase in police patrols and news coverage on this type of driving behavior, it is imperative to have an attorney advocate for you in court if you are cited or arrested for laying drag. Skilled lawyers can negotiate favorable resolutions. Both bench trials and jury trials are an option in Laying drag cases. Give us a call today for a FREE CONSULTATION at 404-581-0999 to discuss your case.

No Proof of Automobile Insurance in Georgia

/in , , /by

Georgia law requires that drivers maintain minimum motor vehicle liability insurance. Additionally, drivers must carry proof of that insurance in their vehicle at all times. Georgia law does allow proof of insurance via electronic format or paper.

 

What is the Required Minimum Georgia Insurance Coverage?

  • Bodily Injury Liability: $25,000 per person and $50,000 per accident
  • Property Damage Liability: $25,000 per accident

If you are pulled over driving a vehicle that does not have minimum insurance, you can be arrested or cited and charged with violating Georgia’s No Insurance statute under O.C.G.A. 40-6-10.  Georgia law requires that police officers determine if the driver has minimum insurance coverage every time the law enforcement officer stops a vehicle or requests driver’s license. You can be charged under this statute even if you were not the driver so long as you “authorized” someone to drive your vehicle without insurance.

What is the Penalty for Driving with No Insurance in Georgia?

Driving without insurance is a misdemeanor criminal offense that carries minimum fines and the possibility of 12 months in jail, or both. The minimum base fine for No Insurance is $200.00 and the maximum fine is $1,000.00.

Convictions for No Insurance will result in a license suspension.  On a first conviction, it is a 60 day license suspension, with no limited permit available. In order to reinstate after this suspension, you must pay a $210.00 reinstatement fee, show proof of having prepaid for six months of minimum insurance coverage, and maintain that policy for three years. On a second conviction within 5 years, it is a 90 day license suspension, the same prepaid policy requirements as the first, and a higher reinstatement fee of $310.00.

 

No Proof of Insurance in Georgia

 

Failure to keep proof of insurance in the vehicle is a separate charge from having no insurance at all.  If you in fact did have valid insurance at the time of the citation or arrest, the Judge must reduce the fine to $25.00 and not submit your license to be suspended. However, if you simply pay the fine on the No Proof of Insurance ticket, you will still incur the license suspension as if you had no insurance at all.

 

There are numerous defenses and mitigating factors if you or a loved one is charged with No Insurance or No Proof of Insurance in Georgia. Skilled lawyers can use new insurance policies in mitigation to try to have the Court reduce or dismiss the charge and sentence.

 

Paying a ticket on these offenses will result in license suspension, high fines, potential jail, and lengthy probation sentences. If you have been cited or arrested for No Insurance or No Proof of Insurance, call us today for a FREE CONSULTATION at 404-581-0999.

 

Driving without a License or with a Suspended License in Georgia

/in , , /by

Georgia, like most states, makes it a crime to drive a vehicle without a license or with a suspended license. This blog article will discuss the laws surrounding this type of offense and the possible punishment if convicted.

Driving Without a License

As you might expect, every person driving a motor vehicle on a road or highway must have, and display upon request, a valid driver’s license. There are two laws dealing with not being in possession of a valid license.

No License on Person: O.C.G.A. § 40-5-29 requires drivers in Georgia to carry their license in their immediate possession while driving. A driver must also produce a copy of their license at the request of a law enforcement officer. Failure to do so may result in a misdemeanor conviction where the maximum penalty is 12 months in jail and up to $1,000 fine. If the driver can later produce a valid license that was valid at the time of arrest or citation, the maximum fine is $10.

Driving Without a Valid License: O.C.G.A. § 40-5-20 prohibits and punishes unlicensed driving. This offense is more serious than the above No License on Person, but is still charged as a misdemeanor.

Driving With a Suspended License

O.C.G.A. § 40-5-121 prohibits a person from operating a motor vehicle on a suspended, disqualified, or revoked license. If convicted, the person can expect to face a fine, jail time, probation, and a license suspension. The license suspension would be added to the time left remaining on the current suspension. The below table describes penalties for repeat offenses:

  Jail Fine License Suspension
1st Offense 2 days – 12 months $500-$1,000 6 months
2nd Offense 10 days – 12 months $1,000 – $2,000 6 months
3rd Offense 10 days – 12 months $1,000 – $2,000 6 months
4th Offense (Felony) 1 – 5 years prison $2,500 – $5,000 6 months – lifetime

 

Contact Us

If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.

 

 

 

 

Georgia Marijuana DUI

/in , , /by

According to Georgia’s DUI statute as it relates to marijuana and other drugs, a person shall not drive or be in actual physical control of any moving vehicle while they are under the influence of any drug to the extent that it is less safe for the person to drive. O.C.G.A. 40-6-391. This means that the prosecution must prove, beyond and to the exclusion of all reasonable doubt, that the driver charged with DUI Drugs was impaired by marijuana or any other controlled substance. This standard is difficult for the prosecution to establish.

There are numerous governmental studies that have analyzed whether it can be determined from a blood or urine test, as well as from field sobriety tests, whether an officer can find that a driver was in fact impaired based on consumption of marijuana or other drugs. According to a 2017 congressional study, traditional law enforcement tools related to detecting drivers impaired by marijuana, and most other drugs, is significantly less valid or effective as those developed for alcohol. NHTSA, Marijuana Impaired Driving: A Report to Congress, 2017. In this study, it found that there was a poor correlation between THC concentrations in the blood and impairment. It concluded that a blood or urine sample from the driver, which tested the presence and amount of marijuana consumption, was not a reliable indicator of impairment. It further stated that there is not a reliable test used to determine how an average person eliminates drugs from the body as there is for alcohol. Therefore, an experienced criminal defense attorney could successfully defend a charge of DUI Drugs by arguing that a blood or urine test is not reliable to prove that the driver was in fact impaired.

Another possible defense for an attorney defending a DUI Drugs case is tolerance. In general, field sobriety tests, used by officers to determine whether a driver is under the influence while operating a motor vehicle, are sensitive to the effects of THC depending on dose and marijuana use history. The tolerance defense also can be used for most other drugs, as well as for alcohol. However, unlike for alcohol, field sobriety evaluations do little, if anything, to aid law enforcement in correctly identifying drivers who are impaired by drugs. Furthermore, low doses of marijuana for heavy cannabis users would not affect field sobriety test performance. W.M. Bosker, A Placebo-Controlled Study to Assess SFST Performance During Alcohol and Cannabis Intoxication in Heavy Cannabis Users, 2012. Additionally, many experts have found that human beings vary wildly in their sensitivity to marijuana, as well as for other drugs. See Love v. State, 271 Ga. 398 (1999). Without understanding exactly what phase and how the body is reacting to the drug, any assumption of the amount of the drug in the body would be a guess, and likely, not even an educated one at that. Furthermore, there are numerous factors that could determine how marijuana or other drugs will affect the driver, such as body size, gender, age, genetics, dosage, tolerance, etc. Thus, without knowing the full picture, any blood, urine test, or field sobriety evaluation would not be reliable and could not be applied in a fair and efficient manner that could justly convict a driver of DUI Drugs.

Therefore, it is of vital importance to hire a criminal defense attorney who understands these potential defenses, as well as the deficiencies of traditional law enforcement tools related to DUI detection. Here, at the Law Offices of W. Scott Smith, we are very experienced in the area of DUI Drugs, we understand the potential defenses, as well as all of your possible options. If you or a loved one has been arrested for DUI Drugs, please call our office at 404-581-0999 for a free consultation.