Do Passengers Have a Right to Withhold Their Identity?
A further look at passenger identification issues.
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Blog
Should You Sign the Traffic Citation?
Drivers need to sign the citation if requested by the officer.
Scientific Study: THC levels in Blood and Saliva Not Indicative of Impairment Level
THC concentrations in blood and saliva are not significant indicators of driving impairment.
Justification is Rarely a Defense to Speeding or Other Traffic Offenses
Justification may be a defense but probably is not to you speeding or other traffic offense.
Can You Be Charged with Speeding and Reckless Driving in Georgia?
The short answer is "yes but." You can be charged, but you probably cannot be convicted of bother. There seems to be a prevailing myth among law enforcement officers that if a driver is going 30 mph or more over the speed limit that the driver should be charged with both the speeding offense an...
Georgia Legislators Take On Street Racing
A look at HB 534 which attempts to up the ante against illegal street racing and other unsafe driving exhibitions
Officers Can Request Identification from Everyone in Vehicle During a Traffic Stop
During a traffic stop, officers can request and obtain identification from all occupants of the vehicle.
CMVs Need to Keep Right in NE Georgia
CDL drivers of CMVs need to be careful which lane they are operating in. These drivers need to keep their trucks in the right-hand lane unless they are actually passing another vehicle.
Georgia Anti-Speed Trap Laws
A look at Georgia law efforts to reduce local speed trap operations.
Georgia DDS Issues Clarification on License Expiration, Suspension, and Permits Due to Coronavirus Office Closures
Temporary Changes Made to Georgia Department of Driver Services Operations
Being Investigated for DUI? Do Not Claim you have the Coronavirus!
If you are being arrested for DUI, it is a bad idea to claim that you have coronavirus while aggressively breathing on the officers. Keep your mouth shut and do not give the officer more evidence to use against you.
DUI-Drugs License Disparity May Be Fixed
A pending House Bill would fix the DUI-drugs license suspension disparity.
Left Turns Are Always Last (Without a Light)
Left Turns Yield the Right of Way to all Oncoming Traffic (including folks turning right).
Georgia Among The Toughest on DUI Offenders
Georgia Ranked Third Toughest DUI Penalties in the Country
American Bar Association Encourages Cellphone Availability in Court
Cell phone usage in court.
Operation Southern Shield 2019
Now is the time to be extra-careful in your driving, as Operation Southern Shield is in effect with intensive enforcement of the speed laws.
Georgia Traffic Law Update: Changes to School Bus Stop Rules
Georgia law change allows drivers to keep moving on opposite side of a school bus on separate roadways
Traffic Law Update: Leaving the Scene of the Accident
Georgia makes changes to the serious injury by vehicle statue to make leaving the scene of a wreck a felony where another person involved in the wreck sustains bodily injury to a significant degree.
2019 Changes to Implied Consent Warning
Georgia General Assembly makes changes to implied consent warnings to try to salvage breath testing.
Lifetime CDL Disqualifications May Not be Lifetime
Lifetime CDL Disqualifications can be cut to 10 years.
Do I Have to Get Out of My Vehicle During a Traffic Stop?
Georgia officers are probably authorized to order the driver and passengers out of a vehicle, although the issue has not been squarely confronted. The Fourth Amendment does not protect you from the order, based on Pennsylvania v. Mimms. A defense may be available under Georgia state constitutional grounds.
Is "Less Safe" DUI better than "Per Se" DUI?
There is little difference in punishment for "less safe" and "per se" DUI's in Georgia.
Thoughts on the Focus on DUI
Thoughts on the focus on DUI to the exclusion of other offenses.
Possible Interferants with Ignition Interlock Devices
Causes for ignition interlock failures.
SCOG Reins in Loose HGN Performance
In Walsh v. State, the Supreme Court of Georgia made clear that officers must perform HGN according to the published standards and that deviations should result in the test being excluded from evidence.
Black Law Offices
DUI Guru is Sean Black of Black Law Offices, LLC. Mr. Black is a 1992 graduate of Emory University School of Law.
Advisement
This site is an advertisement for Black Law Offices, LLC. All information is provided for educational purposes and should not be relied upon as legal advice. A person facing a serious criminal charge such as DUI or Vehicular Homicide should seek legal advice based upon the facts of their own case.
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