However, other drivers could also be wrongly accused of DUI if police arrest a driver without probable cause or if field sobriety or breath tests are not administered correctly. For these reasons, making sure one's rights are properly protected after an arrest for any alcohol-related offense is extremely important.
Although DUI charges may seem difficult to fight in Georgia, any number of things could happen during a traffic stop or an arrest that could prompt a judge to request that any evidence be thrown out in a case or that one's charges be dropped entirely. In fact, something as simple as having a tongue stud in one's mouth while taking a breath test could contaminate evidence in a DUI case.
]]> Earlier this year, a 29-year-old woman was arrested for DUI after a Breathalyzer test revealed that the woman was legally drunk. According to New Jersey police, the woman blew a .21, which certainly exceeds the legal limit of .08. However, after analyzing the circumstances under which the breath test had been administered, the woman's attorney discovered that police had failed to follow proper protocols.Under the state's law, a suspected drunk driver must not have any foreign objects in his or her mouth when a breath test is administered in order to prevent the results of the test from being skewed. The woman's attorney pointed out that she had a tongue stud in her mouth when the Breathalyzer had been performed, arguing that the results were not valid since the test was not administered properly.
Last month, a judge agreed that the results of the breath test could not be used as evidence against the alleged drunk driver since the test had not been administered correctly by police.
Source: Mount Olive Chronicle, "Tongue stud helps woman reduce drunk-driving charge in Mount Olive," Phil Garber, May 2, 2012
]]>Driving while drowsy is dangerous and could increase an individual's risk of causing a car accident. However, driving without enough sleep could also get you a night in jail if Athens police think that your lack of attention on the road is actually a result of driving drunk instead of drowsy.
Last week, Athens-Clarke police arrested a University of Georgia student for DUI after the student claimed that he fell asleep at the wheel because he was tired from staying up for almost two entire days.
]]> According to the Athens Banner-Herald, police were called to investigate a traffic jam on Oconee Street on May 9. Police initially thought that a vehicle had broken down on the road and was causing the morning traffic jam. But when police approached the stopped vehicle, they discovered that the driver was asleep at the wheel and that the car's engine was still running.Although the student claimed that he only had two beers prior to driving and that he barely had any sleep in the last two days, police still suspected the 23-year-old UGA student of drunk driving and arrested the man.
Driving while extremely tired might not have been the best decision. However, police might not have had enough reason to suspect the student of drunk driving either. It is cases like this one that should prompt folks to seek assistance from an aggressive defense attorney in order to make sure that they do not face legal consequences for charges that should have never been filed against them in the first place.
Source: Athens Banner-Herald, "Sleeping student blocks traffic," May 10, 2012
]]>According to reports, Fox was driving with a passenger in his car when he was pulled over by police. TMZ reported that on May 4, police noticed a vehicle that had failed to maintain its lane and that the driver of the vehicle had also failed to use a turn signal.
]]> After conducting the traffic stop shortly before 3:30 a.m., police in Oregon arrested Fox claiming that they believed that the actor was driving drunk.Reports have not indicated whether Fox was asked to take a field sobriety test. Reports have also not indicated whether a breath test was issued. Police might have been prompted to arrest Fox if the actor refused to take a breath test.
In Georgia, drivers can automatically be arrested for DUI if they refuse to take a breath test when asked to do so by police. Additionally, refusing to take a breath test in Georgia could also result in the suspension of one's license for an entire year.
Although refusing to take a breath test may carry harsh penalties, even if an individual is never convicted of DUI, refusing to take a breath test can be beneficial if police do not have sufficient evidence to support a DUI arrest or DUI charges.
Source: myFOXphoneix, "'Lost' Star Matthew Fox Arrested for DUI," May 8, 2012
]]>In Georgia, a first-offense drunk driving arrest will typically be charged as a misdemeanor. However, if a drunk driver is involved in a serious or fatal car accident, the individual could face felony charges, even if the individual has no prior DUI arrests on his or her record.
]]> Around 1:30 a.m. on Sunday, Athens-Clarke police reported that they had witnessed a vehicle that had crossed into the opposite lane of traffic on Prince Avenue. According to police, the vehicle just missed hitting an oncoming car near Meigs Street, which could have resulted in a serious head-on collision.After witnessing the incident, police reported that they made a traffic stop to question the woman who was driving the vehicle that had veered into the lane of oncoming traffic.
When police stopped the vehicle, they reported that four children were passengers in the car. Police also noticed that none of the children were wearing safety belts. Police did not disclose the ages of the children and whether the driver was the mother of all four children.
The driver was asked to take field sobriety tests, which police said she failed. Police also administered two breath tests. Both tests revealed that that woman's blood-alcohol concentration was above the legal limit of 0.08 in Georgia.
The woman was arrested and charged with DUI after failing the sobriety tests and breath tests. Although a collision was avoided and no one was injured in the incident, the woman was also charged with four counts of endangering a child while allegedly driving drunk.
Source: Athens Banner-Herald, "Woman with four kids in car was DUI, police say," May 7, 2012
]]>Ensuring that one's right to privacy has not been violated is especially important in instances when criminal charges have been filed. In some cases, these charges may be dismissed if police did not have probable cause to search a Georgia resident's home or vehicle, or if police did not obtain a warrant before searching one's property.
A couple of weeks ago, a University of Georgia student was arrested after police searched his dorm room and discovered that the student had marijuana and a fake ID. After investigating the circumstances of the student's arrest and the search of his dorm room, it was determined that the search of the student's room was unlawful and authorities dropped all criminal charges that had been filed against the student.
]]> According to the Athens Red and Black, police had been called to the dorm after someone reported that the odor of marijuana had been detected in the building. Police claimed that they were able to detect which room the odor was coming from and they knocked on the door of the room to investigate the incident. When no one answered, police obtained a key for the room and opened the door.Two students were found in the room. Both students agreed to let the officers search their room and one student admitted to owning the marijuana, drug paraphernalia and Fake ID that were discovered during the search.
After the student was arrested, police later realized that the search was unlawful. The officer who had opened the dorm room allegedly thought that he could search the residence without a warrant because the odor of marijuana had been detected. However, improper steps were taken to search the property. When this occurs, evidence obtained during an unlawful search is inadmissible in court. In this case, authorities decided to drop the charges against the student since no other evidence had been legally obtained.
Source: The Athens Red and Black, "Student's charges of possession or marijuana and others dropped after police enter room without consent," Megan Ernst, April 25, 2012
]]>Earlier this month, 24 teens were cited for underage drinking after police busted an after-prom party at a Georgia woman's home. None of the teens involved in the incident were cited for underage DUI, which can carry severe consequences including spending a day in jail and the suspension of one's license. The owner of the home, a mother of one of the high school students, faces possible jail time though after she was arrested for contributing to the delinquency of a minor.
]]> The woman's daughter claims that all of the high school students who were drinking at her home after prom had purchased their own alcohol. The teen said that her mother was not aware that the teens were drinking in her home until she caught them with alcohol. However, police arrested the mother because they believed that she could have done more to stop the teens from drinking in her home.The mother now faces a maximum fine of $1,000 and a maximum sentence of one year in jail. The teens charged with underage drinking will most likely be required to pay a fine and be required to serve community service hours and probation.
As many other high school students get ready for prom season this year, they might want to consider the serious consequences they could face if they are caught drinking at their dances or at after-prom parties. Parents should also be aware of the legal trouble they too could face if they are caught providing teens with alcohol this prom season.
Source: WJBF News Channel 6, "Daughter Speaks Out After Mom's Arrest In Prom After Party," April 16, 2012
]]>In Georgia, individuals who are under the age of 21 could be charged with minor consumption or minor in possession if they are caught drinking. These charges might not seem serious, but adults or other individuals who provide or sell alcohol to those who are underage could face serious charges for doing so, especially if someone is injured or killed at the hands of a drunk teenager.
As part of Alcohol Awareness Month this April, organizations throughout the state hope to better educate Georgia parents and teens about the consequences and dangers of underage drinking and excessive drinking.
]]> To help prevent underage drinking and the consequences resulting from binge drinking, organizations point out that the most important thing parents can do is to stay involved with their children. Just last year in Douglas County, a 16-year-old was killed in a drunk driving accident. After investigating the incident, at least one adult was charged with selling alcohol to several minors who were involved in the fatal accident. According to the Georgia Student Health Survey, only about 80 percent of teens who participated in the survey reported that their parents did not approve of them using alcohol.Alcohol abuse prevention initiatives also hope to inform teens about how binge drinking can lead to problems with addiction, which can have an effect on relationships, educational opportunities and careers. Underage drinking can also lead to trouble with law enforcement, especially if teens drink and drive.
Source: DouglasvillePatch, "April Is Alcohol Awareness Month," Michelle Harrison, April 11, 2012
]]>But do UGA students and other residents realize that they could still face criminal charges for drinking a little too much alcohol even if they are of legal age to drink and choose to walk home instead of driving?
Well, at least one student is now aware of the possibility of being arrested for crossing the street while drunk. The 22-year-old was charged over the weekend for pedestrian under the influence of alcohol.
]]> On Sunday morning, an Athens-Clarke County police officer reported that a pedestrian was spotted crossing the street at the intersection of Clayton Street and Lumpkin Street even though the pedestrian did not have a walk signal at the intersection.Although many people are guilty of crossing the street when it is not their turn, the officer noted that this pedestrian almost caused an accident by crossing the street when he did not have the signal to do so. According to the officer, the driver of a taxi almost ran over the student.
After witnessing this, the officer approached the pedestrian. While speaking to the pedestrian about almost getting hit by the taxi, the officer noted that the man's breath smelled of alcohol. The UGA student admitted to having four alcoholic beverages prior to the incident. In addition to being charged with pedestrian under the influence of alcohol, the student was also charged with disobeying a traffic signal.
Source: The Red and Black, "University student arrested after crossing roadway in front of taxi," Josh Johnson, April 23, 2012
]]>The student didn't get very far and police didn't need to try very hard to catch him. The officer noted that the student was having trouble balancing as he tried to get away, and instead it looked as if he was running in "slow motion" away from the officer. The 19-year-old UGA student was arrested and charged with underage possession of alcohol.
]]> University students in the Athens area might know of a number of other students who have been charged with underage drinking. Although these charges may seem minor now, students could face serious consequences in the future if they are charged with any repeat alcohol-related offenses.Some academic consequences for University of Georgia students accused of committing multiple alcohol-related offenses or underage offenses could include losing campus housing and scholarships. This could certainly have a significant impact on a student's finances and could force a student to drop out of college or to go to college somewhere else.
Students might also be banned from participating in certain programs offered by the school that are meant to help open the doors to other academic or professional opportunities for students.
Underage drinking might not seem as serious as other alcohol-related charges such as DUI, but any arrest could come back to haunt students in the future if they do not make sure that their rights are properly protected after a first arrest.
Source: The Athens Red and Black, "University student runs away from officer in "slow motion,'" Josh Johnson, April 16, 2012
]]>Damon Evans explained during a discussion panel at the conference last week that prior to his DUI arrest he thought that he was going to have a long and successful career at UGA. But on June 30, 2010, Atlanta police charged the director with drunk driving and his career ended.
]]> Evans did serve 40 hours of community service and 12 months of probation as part of his sentence after he pleaded guilty to DUI. However, he said last week at the conference that the aftermath of everything else resulting from his mistake was the "most difficult thing" he has ever experienced.The former athletic director explained that although his family helped him by remaining supportive as he faced the legal and professional consequences of a DUI charge in Georgia and as an employee of UGA, his family also suffered as a result of his mistake. Fortunately, he also claims that since his arrest he has learned not to take his family for granted and has rebuilt his relationship with his wife and kids. Evans also said that he hopes that others will make better decisions after learning how his DUI arrest affected his personal and professional life.
After losing his job, the former UGA athletic director accepted a position in Boston as the vice president of a data-storage company. He explained that he does think about the great job he lost at UGA, but he has also learned that he must be able to move forward and accept the consequences of his mistake. "Sometimes, through the storms, you come out on the other end ... a better person," he said.
Source: The Atlanta Journal-Constitution, "Damon Evans opens up during visit to ATL," Tim Tucker, April 13, 2012
]]>Last week, a 56-year-old woman who was convicted of DUI and other charges was order to serve three years in prison and 17 years on probation by a Clarke County Superior Court judge. Although the woman did not cause a serious car accident in which others were injured, she was convicted of other felony charges because of the potential harm she could have caused when she was drunk.
]]> On June 2, 2010, the woman was eating and drinking alcohol at a restaurant at the Atlanta Highway shopping mall. However, her dining experience was disrupted when a man allegedly harassed her by making inappropriate comments. The women spoke to employees at the restaurant, asking them to address the situation by calling police. However, the employees did not call police.According to an assistant district attorney, the woman became upset when police were not called, so she went to her car and got a handgun. When she saw the man leave the restaurant, she shot at him as he was attempting to drive out of the shopping center parking lot. She then got into her own vehicle and drove away. The woman was later pulled over in Oconee County and arrested for DUI and other charges after the shooting incident.
No one was injured, but prosecutors filed felony charges and requested that the woman serve time in prison because she could have injured someone inside the mall or in the parking lot when she fired the shots at the man after drinking at the restaurant.
Source: Athens Banner-Herald, "Woman gets 3 years for shooting at Atlanta Highway restaurant," Joe Johnson, April 6, 2012
]]>Few details have been released about the actress' arrest, but her case may serve as a good example to others in the Athens, Georgia, area of why it may be beneficial to seek legal representation immediately after one has been accused of drunk driving.
According to reports, the actress was arrested April 6 after she was driving and allegedly struck a Los Angeles County Sheriff's cruiser. Bynes was charged with DUI after the crash, but the actress' father claims that when she was asked to take a Breathalyzer, the results showed that she had no alcohol in her system.
]]> Around 3 a.m. last Friday, the actress was driving and making a turn when the officer allegedly pulled out in front of her vehicle. The two vehicles collided, which caused Bynes to become upset, her father says. Because the actress was so upset over the crash, her father claims that the officer suspected that she had been drinking and issued a Breathalyzer test. Bynes' father told People that she "blew a zero." Other sources claim that they saw the actress drinking several hours before the DUI arrest.If Bynes' father is telling the truth, the actress will want to make sure that that charges filed against her are fought strategically and aggressively. If she can prove that she was not drunk at the time of the accident and that the officer had no reason to issue a Breathalyzer or charge her with DUI, then prosecutors may decide to drop the drunk driving charges. Even if she has no prior DUI convictions on her record, a first-offense conviction could have damaging consequences.
Source: Los Angeles Times, "Amanda Bynes' father says she wasn't drinking before DUI arrest," Christie D'Zurilla, April 9, 2012
]]>When a campus police officer approached the student on March 30, the student allegedly told the officer that he had been drinking. He also allegedly told the officer that he was only 19 years old. In Georgia, underage students can be arrested and charged with alcohol-related offenses if police have reason to believe that the student is in possession of alcohol or has consumed alcohol.
]]> According to the UGA police report, the officer noted that the student's eyes were bloodshot and that the student also smelled of alcohol. The student allegedly told police that he was drunk when asked about falling asleep at the Chapel. The campus officer verified the student's identity and discovered that the student was only 19 years old. During a search after the student's arrest, police also found a fake ID in his wallet. The student was charged with possessing a fake ID and underage possession of alcohol.The UGA student may have made some poor decisions leading up to his arrest after passing out on the University Chapel steps, but he -- and other students who have been arrested for underage drinking -- can make smarter decisions when it comes to protecting their rights and fighting any criminal charges. These individuals can seek assistance from an attorney who is experienced with defending and providing reliable advice to underage UGA students who have been accused of a variety of offenses.
Source: The Red & Black, "University student arrested after being found on the steps of the Chapel," Joshua Johnson, March 31, 2012
]]>This week, an Atlanta Braves pitcher was arrested and charged with DUI after police pulled him over for driving too slowly. According to the Atlanta Journal-Constitution, Cristhian Martinez is the second Braves pitcher to be arrested for DUI since April of last year. Although the baseball team did not take disciplinary action against Derek Lowe after his arrest last year until Lowe's legal case was resolved, the team has indicated that disciplinary action will be taken against Martinez while his case is still pending.
]]> The baseball player was pulled over in Gwinnett County this morning after police noted that Martinez was driving only 40 mph on I-85. Police also claim that the Braves pitcher failed to maintain his lane while he was driving slowly on the interstate. After pulling Martinez over, police administered a breath test. The results of the breath test indicated that the baseball player's blood alcohol level was above the legal limit.While the player faces legal consequences for allegedly driving drunk, the Atlanta Braves have commented that the pitcher will be required by the team to undergo an evaluation by a professional outside of the Major League Baseball organization. Once the evaluation is completed and the team is informed about the official DUI arrest and charges, further disciplinary action could be taken against the pitcher by the MLB.
Source: Atlanta Journal-Constitution, "Braves reliever Martinez arrested for DUI - updated," Carroll Rogers, April 2, 2012
]]>Over the weekend, two underage UGA students were arrested for alcohol-related offenses after a traffic stop. Athens-Clarke County Police reported that the students were pulled over when police noticed that the student who was driving the vehicle had failed to stay in the correct lane of traffic. Police first suspected that the driver was drunk. After discovering that the driver was not of the legal age of 21 to drink alcohol, police then suspected the passenger of underage possession of alcohol.
]]> The 19-year-old UGA student who was driving the vehicle was pulled over near the intersection of West Broad Street and King Avenue. According to the passenger, police addressed the driver first and charged the student with DUI. But after the driver's arrest, police then asked the 20-year-old passenger to get out of the vehicle to take a breath test.The student complied with the request, but he told The Red & Black after his arrest that he should not have agreed to take the breath test. "I'm pretty sure I should have refused the breathalyzer, I knew that before, but everything was so fast that I didn't deny it," the student said. According to the Athens-Clarke County Police, the passenger was charged with underage possession of alcohol.
When drivers and underage students are suspected of DUI or other alcohol-related offenses, some individuals refuse to take breath tests in order to prevent police from gathering additional evidence that could be used against them.
Individuals might assume that they have no chance at winning a DUI case or other case involving alcohol-related charges if they did take a breath test. However, there are times when police over-step their boundaries and issue a breath test unlawfully. Police have also made mistakes while administering breath tests that can result in inaccurate readings.
Source: The Red & Black, "University students charged with DUI, underage possession," Megan Ernst, March 26, 2012
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