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 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 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 […]
Read MoreA fatal crash with trace of drugs in system can mean 15 years
In June 2003, an Athens County jury acquitted an Athens area woman of aggravated vehicular homicide in connection with a car crash that killed a Shade man. A blood test allegedly showed that Farah Holter had chemical byproducts of recent cocaine use in her system at the time of the crash. Her attorney, however, using […]
Read MoreIs a machine accurate when no one keeps the records?
Supreme Court: DUI test results should not have been suppressed COLUMBIA, S.C. The state Supreme Court says a lower court will have to review evidence of prejudice in the administration of a breath-test in a drunken-driving case. In a ruling released today, the high court says a trial judge erred in supressing the results of […]
Read MoreCan the Police tow my car even if I have someone available to take it as an excuse to search it?
No. The Georgia Court of Appeals has adopted the view that “`[w]hen the driver of a motor vehicle is arrested and a reliable friend is present, authorized and capable to remove an owner’s vehicle which is capable of being safely removed; 405 or where the arrestee expresses a preference as to towing service and designates […]
Read MoreWhat Georgia violations disqualify a CDL driver for one year
Any major traffic violation will make a Commercial Driver’s License holder loses his commercial privilege to drive for one year. “Major traffic violation” means a conviction of one of the following offenses anywhere and in any vehicle unless otherwise stated: Driving a vehicle under the influence of alcohol, drugs or any combination thereof in violation […]
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