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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.
There is little difference in punishment for "less safe" and "per se" DUI's in Georgia.
Thoughts on the focus on DUI to the exclusion of other offenses.
Causes for ignition interlock failures.
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.
Review of Georgia laws relating to Mopeds.
Summarizing significant case law decisions on Georgia DUI law for 2017
Summary of HB 205 which makes major changes regarding ignition interlock device permits in Georgia.
2017 Legislation Summary for SB 176
A summary of major Georgia speed related offense law.
When you are arrested for DUI in Georgia, the officer will take your driver's license. It will either be sent to Georgia Department of Driver's Services or to the court that will handle your charge. The taking of your license is typically accompanied by service of a license suspension notice and a temporary driving permit. A driver charged with DUI needs to contact a DUI lawyer soon after the arrest in order to contest the pre-conviction administrative license suspension.
Georgia driver's license agency is trying to provide better assistance online with license reinstatement needs.
The U.S. Supreme Court has agreed to review a California case involving the sufficiency of an anonymous tip of drunk or reckless driving to justify a law enforcement stop of a moving vehicle where the reported illegal conduct was not corroborated by the officer.
Labor Day 2013 will see enhanced investigation and enforcement efforts for DUI and BUI offenses near the South Carolina border Increased road blocks will likely be seen near the border with South Carolina. Be careful and do not drink and drive. If you are charged with a DUI or BUI offense, contact Black Law Offices, LLC.
The National Transportation Safety Board is pushing for a nationwide lowering of the DUI standard to 0.05. The National Highway Traffic Safety Administration has embraced this idea and will be seeking Congressional Funding to offer a "carrot", i.e. grant money, to states that will move forward w...
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A driver is pulled over in Georgia. The operator of the vehicle is suspected of being under the influence of alcohol, drugs, medication or inhalants. Over the course of the encounter, the person will be confronted with a number of important questions which will have significant legal repercussi...
Hart County Superior Court Vehicular Homicide closed by plea as jury waits.
Even though, you are facing difficult legal decisions during a DUI investigation, you do not have the right to speak to an attorney from the side of the road.
Court upholds stop of driver suspected of trying to avoid a police roadblock by making a sudden, very sharp turn onto a side road.
Prescription medication is a normal part of life for millions of Americans. All medications or drugs have a physiological effect. This means that a medication or drug is a substance that effects the functioning of our body. Most people take medications because their physicians have diagnosed a...
Boating under the influence can be very serious, and it includes the same risks of injury and death that are associated with driving under the influence. The court consequences can be very serious as well, although BUI does not currently bear any driver's license consequences. The Basics The c...
DUI Guru is Sean Black of Black Law Offices, LLC. Mr. Black is a 1992 graduate of Emory University School of Law.
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.
