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Challenging the Results of a Police Road Block

Posted by Michael D. Barber | May 29, 2018 | 0 Comments

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...

Is Your Auto Insurance Really Protecting You?

Posted by Michael D. Barber | Nov 06, 2017 | 0 Comments

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...

Eligibility for Criminal Record Restriction

Posted by Michael D. Barber | Oct 30, 2017 | 0 Comments

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 ...

Super Speeder Violations and Penalties

Posted by Michael D. Barber | Oct 23, 2017 | 0 Comments

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...

Put It Down Before It Kills You

Posted by Michael D. Barber | Oct 06, 2017 | 0 Comments

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 Crucial Time After an Auto Collision

Posted by Michael D. Barber | Sep 29, 2017 | 0 Comments

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...

Breathalyzer Tests FAQ Part 2

Posted by Michael D. Barber | Apr 26, 2016 | 0 Comments

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...

Breathalyzer Tests FAQ Part 1

Posted by Michael D. Barber | Apr 24, 2016 | 0 Comments

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...

DUI Breath Testing

Posted by Michael D. Barber | Apr 12, 2016 | 0 Comments

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,...

How You can be penalized for a DUI under the law

Posted by Michael D. Barber | Mar 22, 2016 | 0 Comments

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...

Traffic Citations Which Can Go On Your Record

Posted by Michael D. Barber | Mar 17, 2016 | 0 Comments

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 – How This Applies to Us

Posted by Michael D. Barber | Mar 05, 2016 | 0 Comments

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...

Field Sobriety Testing

Posted by Michael D. Barber | Feb 10, 2016 | 0 Comments

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

Posted by Michael D. Barber | Feb 09, 2016 | 0 Comments

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...

Field Sobriety Tests – The One Leg Stand Test

Posted by Michael D. Barber | Feb 09, 2016 | 0 Comments

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...

Field Sobriety Tests – The Walk and Turn Test

Posted by Michael D. Barber | Feb 08, 2016 | 0 Comments

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...

Super Speeder Issues Can be Costly

Posted by Michael D. Barber | Jan 26, 2016 | 0 Comments

Super Speeder can affect anyone. If you are accused of traveling 75 MPH or over on any two lane road or 85 or over anywhere in Georgia and you are convicted you are now called a super speeder per the Governor's office of highway safety. These speeding tickets are subject to hefty fines as well a...

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