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Tests and Refusals: Know Your Rights

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When someone is pulled over for suspicion of DUI in Georgia, they will be asked to perform a series of tasks that could indicate potential impairment to the arresting police officer. It is important to note that these tests are entirely voluntary. If you choose not to perform the tests, your refusal statement cannot be used against you in trial in any attempt to generate incriminating evidence. This is because mandating field sobriety tests would violate the right of self-incrimination. The same can be said when the police officer asks for your consent to any blood testing or breath testing. Although the officer can obtain a search warrant, you do not have to submit to chemical testing on the spot. Do not be misled into believing that if you refuse these chemical tests, your statement of refusal will be used against you at trial.  If you’ve been pulled over for a DUI, contact us today.

How do I get a reduction to Reckless Driving in my DUI case?

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If you have been charged with DUI, you likely have many questions about what your best options are, how you can best defend your case, and what you can do to help your attorney as they prepare your case and pursue your interests with a prosecutor.

The best thing you can do to help your attorney and improve your prospects for being offered a reduction is to avoid getting additional charges, especially charges involving drugs or alcohol. Getting another DUI while one is already pending can severely hurt your case and reduce your chances of getting a reduction by a great deal.

There are several things you can do to improve the likelihood of getting a reduction. Completing 40 hours of community service at a 501(c)(3) organization is one task that costs nothing, and is generally a required term of probation. The organization cannot be religiously affiliated, but volunteering at an animal shelter, public library, or soup kitchen are all great ideas.

Completing a Mothers Against Drunk Driving Victim Impact Panel can also be beneficial. This online panel consists of individuals sharing their stories about the impacts of drunk driving. You can sign up here: https://online.maddvip.org/.

Taking a DDS-sponsored Risk Reduction class is also generally a condition of probation. There are online and on-the-road options available all over Georgia. For a list of locations and their contact information, visit this link: https://online.dds.ga.gov/ddsgeorgiagov/locations/certified-dui-schools.aspx.

The last thing you can do is get an alcohol and drug assessment done. This can be through any State-sponsored provider, and can be done in person or over the phone. The cost of the assessment varies depending on the provider, so you may choose to shop around to find the right counselor for you. If, after your evaluation is complete, any treatment is recommended, you can also help your attorney by working on the recommended treatment.

These steps show integrity and proactiveness, and can be good mitigating evidence for your attorney to provide to the prosecutor. For questions or a free consultation, call us at 404-581-0999.

 

Georgia Traffic Law – Reckless Driving Citation

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Reckless driving is a serious traffic offense and is frequently charged in Georgia. As a result, our firm has drafted this article to inform the public of the nature of this offense and the possible consequences if convicted.

 

The Offense

Under O.C.G.A § 40-6-390, “any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.”

To prove reckless driving, the state must show that the defendant committed a specific act evidencing a reckless disregard for the safety of persons or property. Fraser v. State, 263 Ga.App. 764 (2003).

 

Case Examples

Evidence was sufficient to support conviction for reckless driving: while impaired by alcohol, defendant in the midst of other traffic blatantly ran a red light at a busy intersection, exceeded speed limit by 15 miles per hour, and wove in and out of his lane. Horne v. State, 286 Ga.App. 712 (2007).

 

Evidence was sufficient to support conviction of reckless driving where defendant accelerated through intersection in attempt to beat a changing light and struck another vehicle, rendering driver of such other vehicle quadriplegic, with severe brain injuries, and unable to speak or eat, and defendant had been drinking beer earlier in day, smelled of alcohol, showed signs of impairment on field sobriety tests administered at accident scene and tested positive on two different alco-sensors, and refused state-administered post-arrest alcohol test. Dunagan v. State, 286 Ga.App. 668 (2007).

 

Evidence was sufficient to support convictions for reckless driving, there was evidence that law enforcement officer saw a vehicle traveling at high rate of speed, vehicle had one headlight out and crossed a double yellow line, driver of vehicle failed to stop and continued to drive in a reckless manner when officer activated his lights and siren to initiate a traffic stop, and officer saw defendant emerge from vehicle and run into woods when vehicle finally stopped. Daniel v. State, 282 Ga.App. 291 (2006).

 

Evidence was sufficient to support conviction for reckless driving when law enforcement officer was standing on side of highway after a traffic stop, defendant drove past him at high rate of speed and almost hit him. Graves v. State, 280 Ga.App. 420 (2006).

 

Punishment

A person convicted of reckless driving will be guilty of a misdemeanor. A misdemeanor in Georgia is punishable by up to one year and prison and a $1,000 fine or both. Most reckless driving convictions do not result in jail time, although certain factors could lead a judge to sentence to jail (repeat offenders, children in car, near school, etc.). A misdemeanor conviction will also become a part of the person’s permanent criminal record.

 

In regards to the person’s driver’s license, reckless driving causes 4 points to be assessed on a driver’s license. A person under the age of 21 who is convicted of reckless driving will suffer a suspended license.

 

Contact Us

If you or a loved one has been charged with reckless driving, and/or received a reckless driving citation please contact our office today at 404-581-0999 for a free consultation.