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Rules of the Waterways: Know Your Boating Laws

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Summer is here, which means that people across the state are making time to get out on the water in their boat or personal watercraft. It’s important to know Georgia’s Boating Laws before heading out on the water. Here are some laws that are commonly broken that you should be aware of:

  • Boat operators must slow to idle speed when they are within 100 feet of docks, piers, bridges, shorelines, or people in the water. Many times, these are designated with “no wake zone” or “idle speed only” signs.
  • Never operate your boat faster than is reasonable and prudent under the conditions.
  • Boat operators should pass on the right side and stay as far right as possible when rounding bends and curves or overtaking/passing other boats.
  • Never overload your boat. Overloading is loading the boat beyond the recommended capacity shown on the capacity plate installed by the manufacturer.
  • All boats in Georgia are required to carry at least one Coast Guard approved, wearable life jacket on board for each passenger. Adults are not required to actually wear the life jackets, but children under 13 are required to wear them.
  • Passengers riding on the bow or gunwale is strictly prohibited.
  • Much like driving a car, you can receive a Boating Under the Influence citation if your BAC is above .08 if you are over 21 years old, or .02 if you are under 21.

 

It is important to know the rules of the waterways because not adhering to boating laws can be costly, as boat police never hesitate to issue citations. If you’ve been pulled over while boating in Georgia do not hesitate. Give us a call TODAY.

DUI IN THE MUNICIPAL COURT OF ATLANTA

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By: Attorney Erin Dohnalek

After an accused has been arrested for a DUI, if one of the following occurred, an accused MUST send the 30-day appeal letter to attempt to save his/her driver’s license:

  1. After the accused has been arrested, an officer on scene from the Atlanta Police Department read him/her the correct “Implied Consent” notice and he/she refused to comply with either a blood, breath, or urine test in order to determine his/her blood alcohol content, OR
  2. The accused consented to a blood, breath, or urine test and the results showed that the blood alcohol content of the accused was above the legal limit.

If one of the following occurred, it is of vital importance to send the 30-day appeal of the license suspension letter prior to the deadline or risk the suspension of the accused person’s driver’s license. The suspension could last as long as 1 year.

After sending the 30-day letter, the accused must also be ready to defend his/her criminal allegations. The penalties for a DUI conviction are serious, thus, it is of great importance to hire an experienced criminal defense attorney who understands all of the elements of the offense, the affirmative defenses to such a charge, and all possible options for the accused.

According to O.C.G.A. § 40-6-391, a person commits driving under the influence of alcohol or drugs when it renders them less safe to drive, the person’s alcohol concentration is .08 or more at any time within 3 hours after such driving occurred, or there is any amount of marijuana or other controlled substances present in the accused person’s blood, breath, or urine.

Once the Atlanta Police Department transfers the criminal charge to the Atlanta Solicitor’s Office, the criminal case will begin at a proceeding known as an arraignment. There are a few options when the case has landed here at the Municipal Court of Atlanta. Such options include:

  • The accused may plead guilty to DUI, which, for a first DUI conviction, usually will result in 12 months of probation, which requires completion of a Risk Reduction course and at least 40 hours of community service;
  • The accused may plead not guilty to DUI and seek a bench trial with the municipal court judge;
  • The accused may plead not guilty to DUI and seek a jury trial. This will result in the case being bound over to the Fulton County State Court, OR
  • At arraignment, the accused has the option to speak to the Atlanta solicitor in a pretrial conference to discuss other possible options, such as a reduction from the original DUI charge.

Due to the complexity of a driving under the influence criminal case, as well as the related license suspension proceeding, it is essential to hire an experienced criminal defense attorney who is skilled at defending such allegations. At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about all possible options for our clients and have vast experience defending such charges. Therefore, if you have been arrested for driving under the influence, please call our office today at 404-581-0999 for a free consultation.