Georgia DUI Law: DUI Arrests on Super Bowl Weekend

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Super Bowl Sunday is almost here. On February 2, 2020, the Kansas City Chiefs will be competing against the San Francisco Forty-Niners in Super Bowl LIV at the Hard Rock Stadium in Miami Gardens, Florida. Alongside holidays such as New Year’s Eve, Independence Day, and St. Patrick’s Day, Super Bowl Sunday has one of the highest rates of DUI arrests across the United States.

Super Bowl Sundays and DUI Arrests

The Automobile Club of Southern California conducted a 9-year-long study analyzing drunken driving-related crashes resulting in injuries on Super Bowl Sundays as compared to other Sundays. Their research showed that these DUI crashes involving injury were 41% more likely to occur on Super Bowl Sunday than on any other Sundays in January or February. Additionally, the study showed that New Year’s Eve was the only night of the year with a higher rate, with a 44% increase.

Data from Alcohol Monitoring Systems (AMS) – which analyzes the drinking behavior of approximately 530,000 repeat DUI offenders, found that drinking violations by repeat drunk drivers increased an average of 22% nationwide on Super Bowl Sunday, compared to the average Sunday.

Tips for Super Bowl Sunday

Have a plan. Arrange for a designated driver or a ride share service (Uber, Lyft, Via, etc.) if you intend on drinking and traveling on the roadways. Consider sleeping over at a friend’s house if you are watching the game there.

Be aware. Law enforcement will be out in numbers. Police will be actively looking for bad driving in order to facilitate a DUI investigation. As an additional precaution, you should expect potential DUI Roadblocks in certain areas.

If you are stopped and investigated for DUI, you need to know what to do.

Contact Us

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

Traffic Tickets while Traveling through Atlanta, Georgia

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by Ryan Walsh

We receive calls every day from people who receive traffic tickets while driving on the highways of Georgia. Due to traffic, congestion, construction, and rural police departments, out of state residents are targeted and ticketed every day.

These local courts think they can make money off of you since you live out of state. They think you will just pay the fine and move along. Sometimes the officer will even tell you that it is a non-points violation and can just be paid online when that isn’t actually the case.

Georgia is a points state, meaning every conviction for a moving violation involves points that may be added to your out of state license. Also, the conviction may be reported on your driving history and affect insurance rates.

Traffic tickets in Georgia involve more than just a payment of a fine. It is important to understand the risk of just paying the citation on your driving history. It may cost you a lot more than just the fine amount.

Common traffic tickets we see involving out of state drivers include move-over violations, super speeder tickets, hands-free device citations, and accident cases.

I work every day in the traffic courts around Georgia and can give you the best advice on how to approach your citation. Call us today at 404-581-0999 and ask for Ryan Walsh or e-mail me anytime at ryan@peachstatelawyer.com.

What do you do if you are arrested for possession with intent or trafficking in drugs in Georgia?

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If you or a loved one is arrested for Possession with Intent to Distribute or Trafficking in Georgia, it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

The District Attorney has a dedicated division to prosecute cases involving Possession with Intent to Distribute or Trafficking. They will vigorously prosecute you if you are charged with a crime involving selling cocaine, heroin, methamphetamines, marijuana or other illegal drugs.   

Do not think that just because you are innocent that the charges will be dismissed. Drug charges are aggressively prosecuted all over the State of Georgia.

Make sure your attorney has had felony jury trials and has won these cases. Do not let an attorney handle your case who does not specifically handle drug cases. Many drug cases are won at a motions hearing. It is imperative that you get body cams, dash cams, search warrants and take witness statements of anyone involved in the search and seizure of the drugs.  

The law may say you are presumed innocent but in drug cases, you have to prove your innocence.

Here is what you should do if arrested for Possession with Intent to Distribute or Trafficking.

  1. Hire an attorney – Make sure that attorney actually handles and tries drug cases. Most criminal defense attorneys do not handle these cases. Make sure the attorney you talk to does regularly handles drug cases in Georgia
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for possession with intent to distribute or trafficking, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. Gather and preserve any physical evidence in your possession.
    1. Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    1. Witnesses – Immediately make a list of any person who you think might have information about this accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

Here is what you should never do if arrested for possession with intent to distribute or trafficking in Georgia.

  1. Never talk to law enforcement or the prosecutor without an attorney.

If you are arrested for possession with intent to distribute or trafficking in cocaine, heroin, marijuana, methamphetamine or any other illegal drug, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

Georgia DUI Law: Challenging the Stop, Defective Equipment

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Georgia DUI investigations usually begin with a routine traffic stop. At a minimum, in order to stop you and your vehicle, the stopping officer needs to have “reasonable and articulable suspicion” to believe a crime has, or is about to be committed. An officer normally satisfies this requirement by observing a traffic or equipment violation. However, if it is determined the officer did NOT have reasonable and articulable suspicion to stop your vehicle; this could result in the suppression of evidence and the ultimate dismissal of a DUI charge.

Therefore, it is crucial to examine the most common types of traffic violations that result in a DUI investigation. This article serves to inform you of the nature, methods of proof, penalties, and challenges to a defective equipment offense in Georgia.

The Offense

O.C.G.A. §§ 40-8-7(a) and (b) state:

(a) No person shall drive or move on any highway any motor vehicle, trailer, semi trailer, or pole trailer, or any combination thereof, unless the equipment upon any and every such vehicle is in good working order and adjustment as required in this chapter and the vehicle is in such safe mechanical condition as not to endanger the driver or other occupant or any person upon the highway.

(b) It is a misdemeanor for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any street or highway any vehicle or combination of vehicles:

(1) Which is in such unsafe condition as to endanger any person;

(2) Which does not contain those parts or is not at all times equipped with such lights and other equipment in proper condition and adjustment as required in this chapter; or

(3) Which is equipped in any manner in violation of this chapter.

Even if you are driving perfectly, a police officer may still stop your vehicle if any of its equipment is non-operational. Examples include, but are not limited to, missing taillight, broken tag light, or a low hanging bumper. Although the spirit of this law is to protect other motorists from defective vehicles on the road, this traffic offense is often used as a “pre-textual stop,” meaning the officer stops you for this offense in hopes of discovering another criminal offense, particularly DUI. Although the law used to criticize these types of stops, a line of United States Supreme Court cases has weakened these types of challenges.[1]   

Penalties

Under Georgia law, technically, these equipment violations are misdemeanors and are therefore punishable with up to a maximum fine of $1,000 and up to one year in jail. Although these are the maximum punishments, equipment violations generally do not result in jail time. Normally, if you get the defective equipment fixed, and provide proof of such to the prosecuting attorney, your case will likely be dismissed.

Challenging the Stop

If an officer pulls you over for an equipment violation and ultimately arrests you for DUI, you may lodge a challenge to the stop of your vehicle through a motion to suppress or a motion in limine. These challenges are designed to attack the stop, arrest, or any evidence gathered as a result of an unlawful stop and/or arrest.

If you are facing a DUI-Less Safe case, the State will have to prove “less safe driving.” If you have only been cited for defective equipment, the State will have great difficulty in proving alcohol caused you to be a less safe driver because there is no “less safe” driving act (ie. speeding, failure to maintain lane, improper turn, etc.). This is a major issue a defense attorney should raise during trial.

Contact Us

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

[1] See, Atwater v. City of Lago Vista, 532 U.S. 318, 121 S. Ct. 1536 (2001); Whren v. U.S., 517 U.S. 806, 116 S. Ct. 1769  (1996); Ohio v. Robinette, 519 U.S. 33, 117 S. Ct. 417 (1996); and Maryland v. Wilson, 519 U.S. 408, 117 S. Ct. 882 (1997).

Georgia DUI Law: Challenging the Stop, Improper Turn

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Georgia DUI investigations usually begin with a routine traffic stop. At a minimum, in order to stop you and your vehicle, the stopping officer needs to have “reasonable and articulable suspicion” to believe a crime has, or is about to be committed. An officer normally satisfies this requirement by observing a traffic or equipment violation. However, if it is determined the officer did NOT have reasonable and articulable suspicion to stop your vehicle; this could result in the suppression of evidence and the ultimate dismissal of a DUI charge.

Therefore, it is crucial to examine the most common types of traffic violations that result in a DUI investigation. This article serves to inform you of what type of things police officers are looking for when stopping for improper turn.

The Offense

O.C.G.A. § 40-6-120 requires the driver of a vehicle intending to turn at an intersection to do the following:

(1) RIGHT TURN. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway;

(2) LEFT TURN.

(A) As used in this paragraph, the term “extreme left-hand lane” means the lane furthest to the left that is lawfully available to traffic moving in the same direction as the turning vehicle. In the event of multiple lanes, the second extreme left-hand lane shall be the lane to the right of the extreme left-hand lane that is lawfully available to traffic moving in the same direction as the turning vehicle. The third extreme left-hand lane shall be the lane to the right of the second extreme left-hand lane and so forth.

(B) The driver of a vehicle intending to turn left shall approach the turn in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of the turning vehicle. Whenever practicable, the left turn shall be made to the left of the center of the intersection and so as to exit the intersection or other location in the extreme left-hand lane lawfully available to traffic moving in the same direction as the turning vehicle on the roadway being entered.

(C) In the event of multiple turn lanes, the driver of a vehicle turning left shall exit the intersection in the same relative travel lane as the vehicle entered the intersection. If the vehicle is in the second extreme left-hand lane entering the intersection the vehicle shall exit the intersection in the second extreme left-hand lane. Where there are multiple lanes of travel in the same direction safe for travel, a vehicle shall not be permitted to make a lane change once the intersection has been entered.

The most common way to violate this law is when you make a “wide turn.” A wide turn is when you start your turn in one lane and drift over into another lane while executing or finishing your turn. This is a common maneuver you will see on the road and a close look at the language of the law prohibits this conduct.

Interestingly, in State v. Morgan, 260 Ga. App. 263, 581 S.E.2d 296 (2003), the Court of Appeals upheld the trial court’s suppression of the traffic stop. Morgan was stopped for making a right hand turn into the left lane of two eastbound lanes of Hwy 278, then immediately got into a left turn lane to turn onto Hazelbrand Rd. approximately 100 yards from where he entered Hwy 278; the turn was reasonable and the reasonable suspicion for the stop was unreasonable. Because the spirit of our traffic laws is to ensure safe and reasonable driving among motorists, the Court decided, given the facts of Morgan and the reasonableness of his driving, there was no reasonable and articulable suspicion to stop his vehicle even though Morgan made a wide turn.

Challenging the Stop

Like any traffic stop,  is important to challenge the officer’s observations to determine whether the stopping officer has reasonable and articulable suspicion necessary to stop your car. The most successful way to accomplish this is to challenge the officer’s perception. Key issues include, but are not limited to:

  • Distance between the officer and your vehicle
  • Angles of officer’s observation
  • Traffic conditions (no traffic makes an improper turn more reasonable and safe)
  • Lighting
  • The mechanics of the turn

Contact Us

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

Did I get arrested? A discussion of what constitutes an arrest and how it impacts your Georgia Criminal History

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In Georgia, many offenses that are not crimes in every state, like traffic offenses, are considered criminal offenses. Because so many offenses that aren’t treated like crimes in every state are crimes, it’s important to know if your interaction with law enforcement constitutes an arrest in the State of Georgia.

Not every arrest will go on your criminal history. For an arrest to go on your Georgia criminal history or GCIC you must be fingerprinted and it must be reported to the Georgia Bureau of Investigation. If you aren’t fingerprinted, that arrest should not show up on your criminal history. Lets talk about some specific instances and whether they constitute an arrest

Traffic Citations

Traffic citations are considered arrests in Georgia, but not in the traditional sense, and most likely do not have to be reported. If you are given a traffic citation and allowed to drive away, or given a citation by an officer on the street and allowed to leave, that is technically an arrest. But that arrest will not show up on your criminal history because you were never fingerprinted. A conviction for any traffic offense will show up on your driving history.

Traditional Arrest (Handcuffed, Taken to Jail, and Fingerprinted)

If you were handcuffed, taken to jail, and fingerprinted by any Georgia law enforcement officer, you should expect that arrest to show up on your criminal history. Most non-traffic offenses will result in arrest, but occasionally some minor misdemeanor offenses in Georgia like possession of marijuana less than an ounce, theft by shoplifting, minor in possession of alcohol, and disorderly conduct will not result in arrest. You may only be issued a citation. However, in these instances, you may be asked to be fingerprinted when your case is resolved, even if that resolution ends in dismissal.

Warrant Application Hearings

A warrant application hearing is different than the traditional arrest process. If a citizen believes you have committed a crime against them, they can go to the Magistrate Court in the county which the alleged crime occurred and file a warrant application. You would then be required to appear in front of a judge. The Judge would hear evidence bfrom both parties regarding the alleged criminal conduct and decide if a warrant should be issued. If the Judge grants a warrant, they can either ask you to turn yourself in and post a bond (often times just a signature bond) or ask the Sheriff to take you into custody. That is the Judge’s discretion. A warrant application may or may not go on your Georgia criminal history. Again, it depends on whether or not you are fingerprinted during the process.

We hope this knowledge assists you in understanding the warrant process. Our office is here for all your Georgia criminal law needs. Please call us today at 404-581-0999.

Possession with Intent to Distribute in Georgia Law

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If you have been arrested for Possession with Intent to Distribute in Georgia, it is imperative that you hire an attorney quickly. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. These motions must be filed within 10 days of arraignment. If you do not properly file them, they are waived and you will potentially lose the ability to beat your case.

It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possession with the intent to distribute any controlled substance. O.C.G.A. 16-13-30(b).

What does the District Attorney have to prove?

The prosecutor must prove that the Defendant intended to sell or distribute the drug that is in his possession. If you are simply in possession of the drug but not intending to sell or distribute it, then you cannot be convicted of Possession with Intent.

However, even if you possess only a small amount of a drug, you can still be charged with Possession with Intent to Distribute. To prove intent to sell, the State would have to show evidence of baggies, a scale, large amount of currency or other drug paraphernalia. The State could also show it through a prior conviction for Possession with Intent to Distribute or expert testimony that the amount was consistent with someone selling it rather than just using for personal consumption.

If you are charged with Possession with Intent to Distribute, please call us at 404-581-0999 for a free consultation. We have offices in both downtown Atlanta and Marietta.

Georgia DUI Law: Challenging the Stop, Driving While Distracted or While Using Mobile Device

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Georgia DUI investigations usually begin with a routine traffic stop. At a minimum, in order to stop you and your vehicle, the stopping officer needs to have “reasonable and articulable suspicion” to believe a crime has, or is about to be committed. An officer normally satisfies this requirement by observing a traffic or equipment violation. However, if it is determined the officer did NOT have reasonable and articulable suspicion to stop your vehicle; this could result in the suppression of evidence and the ultimate dismissal of a DUI charge.

Therefore, it is crucial to examine the most common types of traffic violations that result in a DUI investigation. This article serves to inform you of what type of things police officers are looking for when stopping for driving while distracted or while using mobile device.

The Offense

As of July 1, 2018, O.C.G.A. § 40-6-241 requires drivers to exercise due care while operating a motor vehicle on the highways of this state and prohibits “any actions which shall distract such driver from the safe operation of such vehicle.”

In addition, drivers may not:

(1) physically hold or support a wireless telecommunications device or stand-alone electronic device, except for the use of an earpiece, headphone device, or device worn on a wrist to conduct a voice based communication;

(2) write, send, or read any text-based communication, including text messages, instant messages, e-mails, or Internet data, other than voice commands that are converted to text by the device or used for GPS/navigation feature control;

(3) watch a video or movie on a wireless telecommunications device or stand-alone electronic device, other than watching data related to the navigation of such vehicle; or

(4) record or broadcast a video on a wireless telecommunications device or stand-alone electronic device, other than devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.

Commercial vehicle drivers are restricted from using more than a single button on a wireless telecommunications device to initiate or terminate a voice communication or reaching for a wireless telecommunications device or stand-alone electronic device in such a manner that requires the driver to no longer be in a seated driving position or properly restrained by a safety belt.

Exceptions

These prohibitions do not apply if the driver is:

(1) reporting a traffic accident, medical emergency, fire, an actual or potential criminal or delinquent act, or road condition which causes an immediate and serious traffic or safety hazard;

(2) an employee or contractor of a utility services provider acting within the scope of his or her employment while responding to a utility emergency;

(3) a law enforcement officer, firefighter, emergency medical services personnel, ambulance driver, or other similarly employed public safety first responder during the performance of his or her official duties; or

(4) in a lawfully parked motor vehicle.

O.C.G.A. § 40-6-241(g).

Punishment

O.C.G.A. § 40-6-241(f) states that violations are punished as misdemeanors, as follows:

(A) For a first conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $50.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof;

(B) For a second conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $100.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof; or

(C) For a third or subsequent conviction within a 24 month period of time, as measured from the dates any previous convictions were obtained or pleas of nolo contendere were accepted to the date the current conviction is obtained or plea of nolo contendere is accepted, a fine of not more than $150.00, but the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof.

A person convicted of simply holding a mobile device while driving may avoid conviction if they bring to court a device or proof of purchase of such device that would allow that person to operate a mobile device hands-free in the future. However, a person may take advantage of this saving provision only once. O.C.G.A. § 40-6-241(f)(2).

Challenging the Stop

Police officers are looking for distracted drivers, especially those drivers holding their cell phones while driving. If an officer observes this, they would have a lawful reason to stop your vehicle, and possibly launch a DUI investigation. As a result, it is important to challenge the officer’s observations to determine whether the stopping officer has reasonable and articulable suspicion necessary to stop your car. The most successful way to accomplish this is to challenge the officer’s perception. Key issues include, but are not limited to:

  • Distance between the officer and your vehicle
  • Angles of officer’s observation
  • Traffic conditions
  • Lighting
  • Window tint, if any
  • Whether you were lawfully parked

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

Obstruction of Officers under Georgia Law

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Obstruction of Law Enforcement and legal officers in discharge of their official duties is generally a misdemeanor under Georgia law. It is governed by code section 16-10-24 and makes it a crime to obstruct any law enforcement officer, prison guard, jailer, correctional officer, community supervision officer, department of juvenile justice officer, probation officer or game warden.

Misdemeanor Obstruction

There are a few types of ways one can “obstruct” an officer under Georgia law. First, you can prevent an officer from discharging their official duties by running, arguing, lying or doing something that makes it more difficult or completely prevents them from doing their job. This would be classified as misdemeanor obstruction in Georgia and is punishable by up to twelve months in jail and/or a fine of up to $1,000. You don’t have to make any physical contact with the officer to be charged with misdemeanor obstruction.

Felony Obstruction

A second type of obstruction is considered more serious. If you make violent contact with an officer in the process of discharging their legal duties or you threaten violence on an officer, you may be charged with felony obstruction of justice which carries a one-to-five year sentence for a first offense. If you’ve already been convicted of obstruction in the past, the sentence may be enhanced based on past convictions.

There is one final type of obstruction under Georgia law that involves throwing or expelling bodily fluids or other substances from within the human body at an officer. This version of obstruction carries with it the same one-to-five-year sentence, but also a minimum fine of $300.

Obstruction of justice is a fact-based offense under Georgia law. Whether you may be found guilty is going to depend on the specific set of facts and circumstances in your case. If you have been charged with obstruction, call us today at 404-581-0999 so we can get you into the office for a free consultation.

Airport Marijuana Trafficking

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The Hartsfield-Jackson International Airport in Atlanta is one of the busiest airports in the world. Thousands of travelers pass through every day for business and pleasure alike. It is a hub for nearly every major airline, flying passengers to the four corners of the world.

On High Alert for Drugs

Due to the high volume of flights and passengers, airport security, TSA agents, FBI Agents, Clayton County Police Department, Atlanta Police Department and the US Drug Enforcement Agency are trained to spot and act quickly on any suspected criminal behavior. We often get calls regarding drugs or weapons found in passengers’ luggage. Marijuana charges and in particular trafficking in marijuana are incredibly common at Atlanta’s Hartsfield-Jackson International Airport, especially from flights out of Arizona, California and Colorado.

What Happens To My Bag?

Your bag that contains marijuana is brought from underneath the plane and directed to baggage claim at Hartsfield-Jackson International Airport. While you exit and make your way to the next terminal or to pick up your bags, the luggage is subjected to a K-9 Unit search. Courts have continually determined that using canines at the airport is lawful, and their actions are not considered searches under the 14th Amendment (United States v. Place) as long as the bag is not opened or searched before the dog alerts on the luggage. Law enforcement have probable cause to search your bag if a dog alerts the agent that marijuana is present. Once they find the drugs, they will detain you and likely charge you with trafficking marijuana.

Where Will My Case Be?

If you are charged, you will be sent to the Clayton County Jail, and the Clayton County District Attorney’s Office will handle your prosecution in Superior Court. At this point, it is imperative that you seek out representation to move forward and get out of jail quickly. We have years of experience in Clayton County handling various charges, including those involving incidents at the Hartsfield-Jackson airport.  Recently we have been very successful in arranging a bond on Trafficking at Atlanta’s Hartsfield-Jackson International Airport.

Call us today for your free consultation at 404-581-0999. We will hear the details of your case and provide you with legal advice that could save your freedom.