Fri
Sep
24
Over the past couple of months local law enforcement in the West Georgia area and specifically in Carrollton Georgia have been cracking down on underage drinking. If you are drinking underage and stopped by law enforcement you may be cited with a ticket and arrested. If found guilty of underage drinking in a court of law you may face a fine, probation, community service, and possibly a license suspension.
Wed
Jul
7
Changes to O.C.G.A. §40-5-67.1 from House Bill 1055 enacted at the 2010
Session of the Georgia General Assembly require payment of a filing fee of $150.00 to appeal an administrative license suspension or implied consent suspension (per se or refusal). The new filing fee applies to any incident occurring on or after May 13, 2010. The filing fee should be submitted with the appeal letter within ten (10) business days of incident. Checks and money orders are the preferred forms of payment, and they should be made payable to the Department of Driver Services (DDS). The DDS will be contacting customers/attorneys in writing if the filing fee is not sent with the appeal, and we will be amending 1205 to reflect fee requirement on
violator’s copy.
Fri
Dec
18
To the surprise of many college students, campus police have essentially the same powers as a regular police officer while they are on university property.
According to O.C.G.A. 20-3-72:
“The campus policemen and other security personnel of the university system who are regular employees of the system shall have the power to make arrests for offenses committed upon any property under the jurisdiction of the board of regents and for offenses committed upon any public or private property within 500 yards of any property under the jurisdiction of the board.”
So, despite your own personal feeling toward campus police, be polite and respectful when dealing with them because they can arrest you.
Thu
Sep
3
On June 25, 2009 the United States Supreme Court held that laboratory analysts (unless otherwise provided by law) must testify in person during court proceedings when identifying illegal substances. No longer will the prosecution be allowed to simply introduce notarized certificates prepared by the laboratory analysts to identify the alleged illegal substances.
The Court held that admission of the certificates violated the defendant’s Sixth Amendment right to confront the witnesses against him. The law provides that “in all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him.” Therefore, a witness’s testimony against a defendant is thus inadmissible unless the witness appears at trial or, if the witness is unavailable, the defendant had a prior opportunity for cross-examination.
Thu
Jul
16
I have recently noticed that many of my clients are highly surprised when I tell them that I have a video of their DUI stop or routine traffic stop.
Understand, most police vehicles are equipped with a dashboard camera that starts recording the moment an officer activates his emergency lights. Therefore, almost every traffic stop conducted by law enforcement is video taped, whether the stop be for a routine traffic violation or a DUI investigation.
Also, most officers have a microphone attached to the front of their uniform, which means that the officer may also be recording everything that you are saying.
One last thing, most officers also have microphones in their cars which record everything that you say while you are in the backseat. With that said, watch what you say while sitting in the police car, even if the officer is not in the car with you.
Tue
Jul
14
Local law enforcement agencies have been cracking down and enforcing a law that requires all motorists who observe an authorized emergency vehicle displaying flashing yellow, amber, white, red, or blue lights to make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions” O.C.G.A. 40-6-16.
However, if the current traffic conditions do not allow the motorists to make the lane change, the motorists most reduce the speed of their motor vehicle to a speed less than the posted speed limit, and be prepared to stop.
Wed
May
27
The number of points that are placed on your driving record, as a result of a speeding ticket, depends on how much you were exceeding the posted speed limit. According the O.C.G.A. 40-5-57, points are applied to your driving record in the following fashion:
1) Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour……………………. 2 points
2) Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour……………………. 3 points
3) Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour……………………. 4 points
4) Exceeding the speed limit by 34 miles per hour or more…………………. 6 points
