Articles Posted in Uncategorized

Georgia DUI less safe. Citizens who have been arrested for a first DUI in Georgia are shocked to learn how little they understood about an arrest for a Georgia DUI. Most are surprised to learn that the field sobriety tests are “junk science,” and are 100% optional.

The most common major error made by those arrested for DUI in Georgia is talking and answering police questions before (or after) being arrested. Nothing but your NAME and ADDRESS are required. The right to remain silent eludes too many citizens being investigated for DUI. No statute found in DUI laws in Georgia requires anyone to attempt field teats of any type.

Additionally, for those who took the implied consent test, every person should have asked for an independent test by medical personnel of their own choosing. This right for receive and pay for subsequent testing at a 24-hour Doc-in-the-box or emergency room is available to all who submitted to the State’s post-arrest DUI testing.

By: Larry Kohn, Super Lawyers and AVVO ratings superstar, and Traffic Ticket Attorney also a Legal Book Author and a Top-Rated Georgia Criminal Attorney Near Me

What a Speeder faces in the Peach State. About 15% of all DUI traffic stops in GA are for speeding offenses. If arrested for DUI and a super speeder GA ticket, a high percentage of these drivers will be facing potential jail time.

With up to a $1000 fine and additional state surcharges and assessments, the total cost for speeders can be almost $1500, in total fines and fees. Plus, some drivers who flaunt Georgia speed limit laws may find that their state driver license bureau suspends or revokes them anyway, once Georgia reports this high-speed offense!

When facing a criminal case arising from a roadway collision, your reckless driving or DUI case should be handled by a law firm staffed by top-rated DUI attorneys. This article will alert you to the anticipated stressful and potentially life-changing events that may be unfolding for an accused citizen in a serious injury crash in which others suffered serious bodily injury.

Some misdemeanor traffic crimes are “categorized” by GA laws to be such serious crimes with the potential to injure or kill that these serious misdemeanors can become a “predicate driving offense” that supports a related felony conviction. Causing serious injury to another while drunk or driving recklessly (or both) is all that is needed to enable a jury to then find that you are not only guilty of one of those crimes, but also for the related felony consequence of one or both of those dangerous driving acts.

Multiple victims (in Georgia) means that the DUI prosecutor can ask the court to stack punishments for each, end-to-end, which is called consecutive sentences. In one of the author’s GA SIBV cases, there were ten (10) seriously injured people, which meant up to 150 years of potential jail time.

By: Criminal Defense Attorney Larry Kohn, Georgia Super Lawyer and Sex Crime Lawyer Near Me in Atlanta GA

Georgia age of consent laws: Thousands of monthly Internet searches for statutory rape laws in Georgia occur monthly in the Peach State. Many inquiries to our lawyers near me come from people worried about being convicted of statutory rape focus upon “age of consent in Georgia.”

As you will read below, the age of consent varies in different situations, in the State of Georgia. But, for any victim, female, or male, being age 15 or under means that he or she cannot consent to sexual activity with any person 18 or older.

In reviewing Atlanta criminal defense lawyers listed in websites on the Internet, dozens of law firms claim to have the top criminal lawyers in Georgia. It quickly becomes apparent that such boasts cannot be backed up by carefully comparing results published by the consensus, top lawyer ratings services.

After comparing credentials and claims, if the owners of a website have gone beyond pure puffery and audacity to falsely self-proclaim being the best attorneys in Atlanta for criminal defense, you must then decide if you would trust your most vital legal matter to that criminal defense attorney GA. Do a little research to see how their claims can be made.

Atlanta DUI Lawyer Bubba Head Best Criminal Defense Attorney
Clearly, all Atlanta justice lawyers who claim to be those criminal defense lawyers in Atlanta, GA cannot each be the “best.” Claiming to be the best criminal defense attorney Atlanta without having the objective credentials to back that up takes quite a bit of chutzpah.

By: Georgia Lawyers Near Me for DUI, Larry Kohn, and Cory Yager of GeorgiaCriminalDefense.com

What do police say when they arrest you? This is a very common question of our DUI attorneys from our clients in Georgia who are arrested for drunk driving or drugged driving. Georgia is the only state in the Union where important legal advisements are routinely read immediately after arrest at the roadside, rather than at the police station.

Many shocked and surprised clients later assume that the police interrogation case, Miranda v. Arizona is the basis of what is being read. In 99% of all DUI GA cases, if anything at all is being read at the roadway to you by a law enforcement officer, it is the Georgia implied consent notice, and not the Miranda rights words. If any DUI lawyer tells you otherwise, he or she may be misleading you to try to get you to pay that Firm a retainer fee.

By: Atlanta DUI lawyer and Ex-Police Officer Cory Yager, and one of the best DUI lawyers near me in metro Atlanta Georgia

cory_yager_awards-300x94
A DUI arrest for a 1st DUI in Georgia is a disruptive, frightening, and unsettling event. Because the plastic driver’s license is almost always confiscated, the arrested DUI driver’s right to drive becomes questionable, and finding an easy summary of the law on driving under the influence in the Peach State is quite challenging.

Once the arrested person has access to a computer again, he or she begins searching for a DUI law firm with highly rated lawyers for DUI near me. Checking each lawyer ratings, and learning more about Georgia DUI laws, the search for the top Georgia DUI attorney is underway.

GA DUI Lawyer Bubba Head - Book Author of Georgia DUI Trial Practice Manual 2021
By: Georgia Super Lawyer William C. Head, Georgia’s leading Georgia DUI law book author since 1995

DUI laws in Georgia are searched hundreds of times daily. Post-COVID 19, DUI arrests are back up in numbers equal to or greater than before the Pandemic. Even a first offense DUI in GA has some of the nation’s harshest DUI consequences under its GA driving laws.

Those Georgia drinking and driving laws will be reviewed due to the mandatory punishments and DUI consequences Georgia’s legislators have enacted. DUI penalties in Georgia have multiple immutable punishments that a judge cannot “excuse” or waive.

Atlanta DUI Lawyer Larry Kohn
By: Larry Kohn, Georgia Super Lawyer, AVVO Superstar DUI Attorney and member of Best Law Firms in America

Starting in 1970, the National Highway Traffic Safety Administration (NHTSA), the federal government began doling out funding equal to today’s equivalent of about $5 million during a 28-year period. The impetus for doing this came to them after receiving a young woman’s California Ph.D. student’s psychology thesis on this topic in 1970.

Their goal was to come up with some simple-to-do, roadside standardized field sobriety tests (SFSTs). The federal agency’s goal was to create a method of standardizing these police officers’ roadside tests, by conducting research and gathering statistical studies on group performance of sober and drinking subjects.

When police officers are convinced that they are right about an arrest decision, being able to prove the error of the officer’s arrest decision can be daunting. Officers are trained in how to write reports that will pass muster of a supervisory officer, and get approval from a ranking officer. Likewise, officers are trained on how to give courtroom testimony to support their written reports and investigations.

We hear of highly-publicized exonerations of innocent citizens through news reports from The Innocence Project or on TV documentaries, but these are almost always murder cases, which seem to mesmerize and captivate the viewing public. The place where the most wrongful arrests take place, by 100 fold, is in the field of impaired driving arrests. Many police departments have specialized “task forces” for interdiction of DUI-DWI drivers, and often these squads have quotas or “standards” that have to be met in order for the unit to not have to repay federal grant money for low-yield arrest results of the task force.

Even when an officer has made errors for an arrest decision or has jumped to a conclusion that is not clearly supported by the driving conduct, the physical “manifestation” evidence or possibly from witness statements, prosecutors are sometimes unwilling to sift through the questionable evidence to make an independent “call” about the sufficiency of the police officer’s DUI-DWI case. Far too often, the prosecutor takes the arresting officer’s report and summary of the evidence at face value, without digging deeper to see if the officer’s report is contradicted by other, more credible evidence available to the prosecutor. This deferral to the officer’s decision is especially prevalent in cases brought by officers assigned to a DUI task force.

Contact Information