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DUI Law News

  1. DUI Lawyer Atlanta: Best DUI Defenses, After the Fact Cases

    Not every DUI arrest in Georgia occurs in the traditional manner, where our client is pulled over to the shoulder of the road. This article discusses how our award-winning DUI attorneys with highest lawyer ratings have defended clients with odd fact patterns to obtain a DUI dismissal or a reduction of charges.

    These cases all resulted in NO DUI conviction for these clients. Many of these have been for an Atlanta DUI or a hit and run in Atlanta If we are contacted within the first 24 hours of the “incident,” this early guidance to our clients often makes a huge difference.

    Seven fact patterns discussed on this blog post have occurred in cases handled by our Georgia DUI attorneys near me. Our law firm’s attorneys have handled over 10000 cases in which a DUI charge was brought against our client. You will be hard-pressed to find another DUI lawyer Atlanta law office to have handled that many cases.

    Especially when a client is not located within several hours after such collisions, they might ask our DUI lawyer GA litigation team, “Can i get charged with a DUI after the fact?” That answer is maybe, but the bigger question becomes, “How much proof collected by police points to our client, to the exclusion of all others?”

    This types of evolve after two motor vehicles strike each other in a parking lot or on a roadway. Two (or more) vehicles collide, and our client left the scene, either under the vehicle’s own power or on foot. Can you be arrested for drunk driving after the fact when these crashes occur? Absolutely.

    This behavior of not staying at the roadway and giving aid, if anyone is hurt, is commonly called hit and run GA. This serious misdemeanor crime (after being involved in a motor vehicle collision and then fleeing the scene) is as problematic for a criminal justice attorney to defend (in many ways) as a DUI offense.

    In addition, if another person is seriously injured or killed by the DUI-DWI driver, a first-degree vehicular homicide GA or serious injury by vehicle in the first degree will by indicted or charged. A similar sentence for a hit and run Georgia case resulting in a fatality of serious bodily injury. Each of these Georgia felonies carry up to 15 years in state prison for each injured or deceased person.

    7 Actual DUI Case Fact Patterns Where Excellent Results Were Obtained

    The Number 7

    Seven different actual case scenarios are discussed below. These examples show you how cases can be won:

    1. In some cases, the client gets to his or her home, or to a nearby restaurant or bar that is still serving alcoholic beverages. The key is for the person to not answer the door. If the door is answered, remain silent. Plus, multiple empty containers of alcoholic beverages in the trash case may assist.
    2. Other times, police find the suspected Georgia hit & run disabled vehicle on the road, facing the same direction as the vehicle that fled. In a dew cases, a tag number or partial number is observed, but often, the description is too vague or lacking in detail. These omissions may include mistaking the color of car or truck and being able to accurately describe the driver. If an officer continues driving, and then see a pedestrian walking a mile or so down a desolate stretch of roadway. If the client knows to remain silent and only provide his or her name and address, these will usually be good cases. If that abandoned vehicle is not registered to our client, and he or she had enough forethought to leave the keys in the abandoned vehicle, that improves our facts even more.
    3. If the client is found have alcoholic beverages in a bar 40 minutes later, police officers cannot tell how much alcohol was consumed after the collision or before, unless the person self-incriminates.
    4. In a few cases, our client made it to a nearby hotel and paid for a room and was never found in or near the suspected vehicle that night. In one Alpharetta crash in a heavy rainstorm, the client’s vehicle was totaled on northbound GA Highway 400, but he quickly got out of the wrecked vehicle and jumped a right-of-way fence and hightailed it through the woods. This was about 3:30 in the morning. He was never located the night of the wreck. Police did receive a call from a nearby Waffle House of a rain-soaked, muddy white male, who asked to use the restaurant’s phone.
    5. In one recent case, our client was almost home, when she veered into a parked vehicle and also struck a utility pole. Her vehicle was still drivable, and she got to her home a few blocks away, opened the garage and got inside the closed garage. Unless someone opened the door, a search warrant would have been needed. Since this was an unoccupied, parked vehicle, the hit and run statute under OCGA 40-6-270 was not implicated.
    6. In different cases in two different jurisdictions, our client (in each case0 was having a medical crisis (both were diabetics). One (who was driving a pickup truck) sideswiped another vehicle but never slowed down. In the other accident, that client sideswiped a car that was waiting for a traffic light to change, and the confused driver got out of his vehicle and walked to his apartment building. Both cases were reduced, and a plea entered to a minor charge, but our DUI defense lawyer team had to bring medical records and other proof to negotiate the case out.
    7. DUI Lawyer Atlanta answers: What is DUI “after the fact” arrest? In one very odd case, our client was found in his damaged vehicle that was on the property of a towing company in DeKalb County, in what is now in the city of Brookhaven. The highly intoxicated client was found sitting inside the vehicle that was so damaged that it could not have been driven to that towing lot.

    The client never admitted driving, and this tow lot was within a short walking distance from a notorious nude bar that was open and serving booze at the time of the police investigation. This client had been a client of Mr. Head’s before and knew to not talk. Multiple police cars looked for nearby telephone poles and other fixtures along all roadways near this location but never found any likely place this vehicle may have crashed.

    Frustrated by the drunk man’s silence, the DeKalb County police officer charged this client with DUI. Mr. Head requested a non-jury (bench trial), and cross-examined the two investigating officers so aggressively, that the judge ruled that the man was not guilty. By showing five different, plausible alternative explanations (including that this vehicle could have been towed to this lot from another jurisdiction, OR that the client may have ridden with the tow driver, and once there, saw the strip club and decided to visit there, and get drunk, before returning to sleep it off in his totaled vehicle.

    Atlanta DUI Lawyer Larry Kohn an Cory Yager

    Top-Rated DUI Lawyers Near Me

    DUI Atlanta lawyer Larry Kohn and Atlanta DUI defense attorney Cory Yager are the name partners in Kohn & Yager LLC. Their professional corporation teams up with William C. Head PC, the professional law corporation of William Head, better known as Bubba Head, Attorney Atlanta Georgia. Mr. Kohn began clerking 25 years ago, before passing the GA Bar and joining Mr. Head’s law office group.

    The 45-year veteran Georgia DUI lawyer is the best-known Atlanta DUI lawyer, largely due to being the author of the leading legal guide on defending Georgia DUI Laws since 1995. The “double Dawg” UGA school grad enjoys top attorney ratings and is one of fewer than 100 Board-Certified DWI-DUI attorneys in America, with the National College of DUI Defense.

    In addition to our DUI lawyers in Atlanta, our law group has three other offices in Marietta (Cobb County), Alpharetta, and Sandy Springs (Fulton County). All have free parking nearby, except for the downtown Atlanta office, which is directly above the Peachtree Center MARTA train terminal.

    When you need an experienced and qualified criminal defense attorney for a driving under the influence case, look no further. Our attorneys in Atlanta GA are experts on legal issues like:

    Georgia implied Consent Laws

    Field Sobriety Testing Errors

    How to fight a blood alcohol test

    How to Avoid having a mandatory State ignition interlock device put in your vehicle for 12 months (or longer)

    DUI Schools: A DUI Driving School near me that permits VIRTUAL classes for Risk Reduction Course

    DUI Law Firm 24 Hours

  2. Impaired Driving Laws In Georgia – What You Need to Know

    Georgia impaired driving laws are amended from time to time and while it is OK if a typical driver doesn’t know the latest GA DUI laws, the best Atlanta DUI lawyers must stay up-to-date on every change that is made by lawmakers. Like with almost every other criminal code in Georgia, laws are modified and passed based on appeals filed by criminal defense attorneys, and judge’s rulings in individual cases. Another reason why state laws change is due to pressure from citizen groups like Mothers Against Drunk Driving (MADD) to strengthen conviction penalties, or to lower the minimum legal blood alcohol limit (BAC).

    All 50 states have set that minimum BAC at 0.8% for drivers over 21, with lower BACs for underage drivers and people who carry a commercial driver’s license (CDL). Utah is close to reducing older driver’s BAC to 0.05% and the rest of the country may follow suit.

    Note that the term “impaired driving” also includes a situation where a person still gets charged with driving drunk or high but the driver’s car was parked in a parking lot and the engine was turned off. Or someone had too much to drink and decided to pull into a mall parking lot, turn off the car, and “sleep it off” for an hour. If a mall cop pulls up and gets suspicious he may call in local law enforcement. If this policeman can see your car keys resting in the center console he can still arrest you for impaired driving. These cases are complicated so you need a lawyer who knows the exact official Georgia code section that pertains to this unique situation. By the word “high” I mean operating a motor vehicle under the influence of marijuana – these DUI drugs cases have risen in number every year.

    How does a police officer know you have been smoking weed? One way to tell is by observing your eyes and listening to your pattern of speech, but an officer will ask you to submit to a blood test back at the police station or the jail. A blood sample will not be taken at the side of the road nor will a portable breathalyzer detect marijuana usage, so a blood draw is required.

    Impaired Driving Blood Test

    Read the rest of this entry »

  3. Live in Georgia? Know Your State’s DUI Laws

    Drunk driving laws in the US vary from state to state. There are many terms or acronyms used for drunk driving, and every state defines these acronyms differently.

    Every year, drunk driving costs the lives of thousands of people, and stricter laws are being implemented to prevent these deaths. Georgia is one of the states with harsh DUI laws and the government includes all kinds of measures to help curb these accidents.

    If charged with DUI in Georgia, you may have to hire a criminal attorney.

    Read the rest of this entry »

MAIN LAW OFFICE IN SANDY
SPRINGS, GEORGIA:
5600 Roswell Rd
Building H, #210
Sandy Springs, GA 30352
(404) 567-5515
DOWNTOWN ATLANTA GA
LOCATION:
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Suite 400
Atlanta, GA 30303
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in Cobb County, GA:
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Marietta, GA 30060
(888) 274-6288
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LOCATION
in North Fulton County, GA:
33 S Main St
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Alpharetta, GA 30009
(844) 867-2889