DeKalb Recorders Court
DeKalb Recorders Court has a new website that allows the entry of a not guilty plea by fax or e-mail. Electronic pleas must be done at least ten (10) days prior to the arraignment date assigned by the DeKalb County Police Officer on the Uniform Traffic Citation (UTC). On the website, there is an advisement […]
Read MoreCommonly Asked Questions: What do I do if I am pulled over for DUI?
The short answer is – it depends. Factors to consider are: jurisdiction of arrest, law enforcement agency of arrest, number of drinks. Generalizations are a dangerous thing and there are exceptions. The basic rule of thumb in a DUI case is that a DUI with a “state administered” breath or blood test is harder to win at trial than a case […]
Read MoreDUI DeKalb County: Client Changed Lanes Without a Blinker
Another vehicle was in his blind spot and passing in the right lane. A Georgia State Patrol Trooper stopped the driver on the side of I-20. The trooper testified the client had slurred speech but the video did not reveal a slur. The driver exited, walked, produced his license all without indicating any signs of […]
Read MoreWhen avoiding a roadblock is a first tier encounter: Bacallo v. State, Oconee County
Bacallao v. State, A10A1743, January 6, 2011. After a Bench Trial in Oconee County State Court in Watkinsville, Georgia, Denise Bacallao was convicted of DUI. She appealed alleging that her stop and seizure was illegal. She was stopped after a Georgia State Trooper saw her pull into a gas station immediately before a roadblock was […]
Read MoreMultiple DUI Offender Unable to Get Private Health Insurance
I had a client inform me yesterday that he was denied health insurance because of prior DUI convictions. Yet another reason to fight a DUI. Have you been denied Health Insurance because of a DUI conviction? We’d like to hear from you.
Read MoreThe 6th Amendment: What is all the fuss about?
The United States Constitution,6th Amendment to the Bill of Rights states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to […]
Read MoreJudges have broad discretion to impose jail sentences or probation
Judges in Georgia have broad discretion in imposing jail sentences subject to the maximum sentencing limitations of a particular statute and minimum sentencing limitations which are provided by statute and can be probated unless expressly prohibited from being suspended or probated by statute. The Georgia DUI Statute, O.C.G.A. Sec. 40-6-391, is such a statute as it […]
Read MoreWhy economic theory tells us that the legal limit for DUI of 0.08 is dangerous and should be raised
The law of diminishing returns is a fundamental principle of economics which is defined as: The for a continuing effort toward a particular goal to decline in effectiveness after a certain amount of success has been achieved. (economics) A relationship between input and output, such that adding units of any one input labor, capital, etc.) to fixed […]
Read MoreUPS driver rear-ends Clayton County Commission Chair Eldrin Bell at Police DUI check point and is arrested for DUI.
An off duty UPS driver rear-end the Clayton County Commission Chair Eldrin Bell at a police DUI roadblock on December 17th, 2010. He was arrested for DUI and later blew under the 0.080 legal limit at a 0.071. Clayton County Police charged him with less safe DUI. This case highlights the popular misconception that if […]
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