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Few things are more annoying than getting a traffic ticket here in Georgia. Unlike in other states however, Georgia has made traffic violation misdemeanor crimes in Georgia, with penalties up to and including jail time and high fines. For most, there is a risk of further cost with increased ins...

Georgia legalized most consumer fireworks in 2015. With legalization comes regulation, and that means there are rules to go along with the privilege of buying fireworks in Georgia. The new laws are balanced with protecting your right to use fireworks throughout the year and protecting you from ...

On May 2, 2018, Governor Nathan Deal signed bill HB 673 making significant changes to the code sections that govern Georgia Drivers' use of cell phones and other wireless electronic devices. The most significant changes repeal two code sections that contained many exceptions to using devices ha...

It's just a speeding ticket, right? Don't I have the right to drive; why are they doing this to me? In Georgia, the ability to drive is a privilege, not a right according to the Georgia Department of Driver Services. Many drivers don't realize how speeding tickets (citations) in Georgia can se...

It was a fun night out and now you realize that the flashing lights ahead are from a police vehicle parked on the side of the road in multiple locations. “What is going on up ahead? I travel this road a lot and I don't recall there being an issue requiring this much police assistance.”  Now the e...

The U.S. Department of Transportation Federal Highway Administration conducted a study in 2009 that found that 210 million residents (both citizens and non-citizens) maintained valid driver's licenses in 2009 up from 112 million in 1970. The Bureau of Justice Statistics found that 26.4 million ...

CDC researchers concluded that in 2001, 2002 and 2003 there were 4.5 million American dog bite victims per year which represents 1.5% of the population of the United States. If you or a loved one has been injured by a dog you might have a personal injury claim to recover damages for your medica...

In the vast majority of personal injury cases that arise from collisions on the roadway between automobiles, motorcycles, bicyclists, and pedestrians 911 is called and the law enforcement that responds typically issues a citation to the person responsible for causing the collision. Section 17-...

The State of Georgia requires automobile owners to carry “minimum” auto insurance policies. The first is liability insurance totaling $25,000.00 per person and $50,000.00 per occurrence for bodily injury and $25,000.00 per occurrence for property damage. This kind of insurance is “liability onl...

Past Arrests can haunt you… even 25 years later… I have been asked by client's numerous times over the years “when does my conviction/arrest fall off my record?” This is an important thing to consider. When you are arrested for a crime and fingerprinted, you automatically have a criminal record ...

During the 2009-2010 Georgia legislature session a bill was enacted to create an addition to the speeding citation process in Georgia. This bill, more commonly known as “Super Speeder” was a part of House Bill 160 and was signed into law by the Governor on May 9, 2009. The applicable portion affe...

Atlanta Mayor Kasim Reed signed a new ordinance amendment (Ordinance 17-O-1152) to reduce the penalty for possession of marijuana within the city limits on October 11, 2015 after city council members unanimously voted 15-0 to approve the ordinance.  The legalization and decriminalization of we...

The National Highway Traffic Safety Administration (NHTSA) reported that in 2015 3,477 people were killed and 391,000 people were injured in motor vehicle crashes involving distracted drivers. Distracted driving occurs anytime a driver's focus is not on the road. The largest cause of distracted...

The National Highway Traffic Safety Administration (NHTSA) reported 5,687,000 motor vehicle traffic crashes occurred in the United States in 2013. The NHTSA also estimates that 10,000,000 or more auto collisions go unreported each year. The average American will be involved in 1-2 automobile c...

I gave 2 breath samples into the machine, which one is considered my actual BAC by the state?All breath tests require the subject to give 2 samples. Of those 2 samples, the lower of the 2 samples is considered to be your BAC for purposes of your DUI. For example if you blew a .080 and a .074 th...

Is there anything else the State of Georgia does that may interfere with the accuracy of the Intoxilyzer 5000?You bet! When the Intoxilyzer 5000 is checked quarterly, the samples used to check the machines are not preserved and therefore proper calibration at the time of inspection cannot be ve...

Administrative license suspension (ALS) is entirely different from the one you would face from a possible DUI conviction. It may be imposed even before you go to court to face the DUI charge. ALS is a civil hearing, meaning the same burden of proof required in a criminal case is not necessary t...

Georgia drivers who are suspected of DUI must submit to a chemical test of their blood, breath, or urine at the officer's request. However, before submitting to any test the officer must first properly advice the motorist of their rights under Georgia law. Georgia chemical testing of the blood,...

Are You Being Penalized For a DUI? Beginning July 1, 2008, Georgia enacted new and tougher DUI laws. Before this date, penalties for DUI cases were determined by how many DUI offenses an individual had in a 5 year period, measured from date of offense to date of offense. Or if an individual di...

In Georgia all traffic citations are a misdemeanor which means they are crimes which can go on your record. Many people don't realize that there is more to a traffic citation than simply paying a fine in court. Some citations actually carry jail time in addition to the fine. Not looking past t...

Field Sobriety Tests can be problematic and difficult for officers to administer properly. On many of these tests you get 1 clue no matter how many times you perform imperfectly. For example, someone on the Walk and Turn may step off the line 9 times and get only one clue whereas someone else o...

Many people are somewhat familiar with the Standardized Field Sobriety Tests (SFSTs) from watching television, hearing stories from friends, or even seeing someone on the side of the road in the middle of the night. There are only 3 Standardized Field Sobriety Tests in Georgia. These tests are: ...

DUI Blood testing can be unreliable due to many factors including machine inaccuracies and human error. UnreliableMany people, including some DUI defense attorneys, mistakenly believe that blood tests are the gold standard when it comes to determining Blood Alcohol Concentration (BAC). However...

The One Leg Stand Test, when conducted properly on a qualified subject on a level and dry surface, yields a 65% accuracy rate when demonstrated and scored properly. Conversely, this means there is also a 35% chance of a false positive. Before the suspect performs the One Leg Stand Test, the off...

The Nine Step Walk and Turn evaluation, when conducted properly on a well-qualified individual on a dry, level surface, has a 68% reliability rate. Again, this leaves a 32% chance for false positives. The Walk and Turn Test is divided into two parts: the instructional phase and the walking phas...