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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...
A look at HB 534 which attempts to up the ante against illegal street racing and other unsafe driving exhibitions
During a traffic stop, officers can request and obtain identification from all occupants of the vehicle.
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.
A look at Georgia law efforts to reduce local speed trap operations.
Temporary Changes Made to Georgia Department of Driver Services Operations
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.
A pending House Bill would fix the DUI-drugs license suspension disparity.
Left Turns Yield the Right of Way to all Oncoming Traffic (including folks turning right).
Georgia Ranked Third Toughest DUI Penalties in the Country
Cell phone usage in court.
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 law change allows drivers to keep moving on opposite side of a school bus on separate roadways
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.
Georgia General Assembly makes changes to implied consent warnings to try to salvage breath testing.
Lifetime CDL Disqualifications can be cut to 10 years.
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
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.
