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Charged with DUI after a fatal accident

Posted by Michael D. Barber | Mar 12, 2019 | 0 Comments

A man was traveling through the intersection at hurricane shoals road on 316 when he rear ended a vehicle and was then charged with a Gwinnett County DUI under O.C.G.A. 40-6-391 according to the Gwinnett Post. The man, Michael Hall, was in possession of Marijuana and Methamphetamine and admitted ...

Open Continer laws up for Debate Again In Marietta

Posted by Michael D. Barber | Mar 11, 2019 | 0 Comments

Marietta to vote again on Open Container laws for the square. According to the Atlanta Journal and constitution, the City of Marietta was to vote on allowing alcoholic beverages on the square and around many business that currently provide alcohol in their establishments. Marietta would be the 5...

Conor McGregor Arrested for Robbery by Force

Posted by Michael D. Barber | Mar 11, 2019 | 0 Comments

A potential misunderstanding leads to an arrest for Strong Arm Robbery (Robbery by Force in Georgia) and Criminal Mischief (Disorderly Conduct in Georgia). Many people don't realize that the crime of Robbery can happen as a result of a misunderstanding or defense, but its even more surprising wh...

The House and Senate pass bills in reaction to Georgia Supreme Court DUI Ruling

Posted by Michael D. Barber | Mar 06, 2019 | 0 Comments

After Georgia Supreme Court makes a ruling on DUI cases, now it is time to watch the legislature because the Georgia House just passed House Bill 471 and the Georgia Senate passed Senate Bill 208.               After the recent decision by the Supreme Court of Georgia, the Georgia legislature had an immediate knee jerk reaction to attempt to fix Georgia DUI issues and Implied Consent questions raised by the Supreme courts ruling. ...

Medical Marijuana and the Next Step

Posted by Michael D. Barber | Mar 05, 2019 | 0 Comments

The Georgia House passed a new bill that would allow dispensaries to be set up for Medical Marijuana which previously was not allowed. Although since 2015 patients were technically allowed to have it, it remained illegal to buy sell transport or grow Marijuana for the purpose of medical marijuana oil.

The Basics of Georgia’s New Hands Free Law

Posted by Michael D. Barber | Jun 25, 2018 | 0 Comments

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...

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...

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