Georgia Criminal Defense Blog

An Indianapolis-area radio station has found a new twist on the trend toward public shaming of people convicted of a DUI: Its morning DJs plan to read the names of the past week’s DUI arrestees every Monday. With “Bad Boys” -- the song you may remember as the theme from the TV show “Cops” -- in the background, the station also plans to interview guest commentators from organizations like the Indiana State Police and Mothers Against Drunk Driving.

Several states have actual laws that mandate “shaming” for repeat DUI convicts, including Georgia. In our state, people convicted of driving under the influence twice or more must have their pictures published in the paper. Georgia also requires special “scarlet letter” plates for certain DUI offenders, although they are not as visible as the bright yellow and red license plates required in Ohio. Several other states have “shaming” laws on the books, and others have considered mandating DUI plates in bright colors.

Continue reading "Indy Shame" »

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Thanks to his honesty and the kindness of the victim’s family, University of Georgia student Carl Phelps was able to finish college before turning himself in to serve time on a manslaughter driving under the influence charge, according to the Panama City, Fla. News-Herald.

In what sounds like a spring break trip gone horribly wrong, Phelps accidentally killed his friend, Reggie Bostick, while pulling a Ford F-350 into the driveway of a Florida vacation home last year. According to the article, Bostick may have been lying down. Phelps pleaded no contest to the charge May 9, but the judge delayed his sentencing until mid-July, to allow him time to finish his degree. Phelps will serve four years in prison, then 11 years of probation and 500 hours of community service. In addition, his driver’s license has been revoked for life. But he could have drawn up to 12 years in prison, according to the article, if it hadn’t been for Bostick’s family, who asked the judge for mercy.

Phelps’ cases shows what can happen when a DUI defendant is willing to cooperate with the legal system -- and has retained a good attorney. His willingness to return for his sentencing hearing when he could have fled undoubtedly played a part in his light sentence, as did following all the rules the judge set for him. If he had refused to cooperate, been caught leaving the country or even just hired a bad attorney, it’s unlikely that he would have received just four years in prison.

Continue reading "Honesty, Mercy Get Lenience in DUI Manslaughter" »

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A “DUI Task Force” made of seven local law enforcement agencies in the Denver metropolitan area began vigorous patrols July 26, according to the Rocky Mountain News.

The task force will concentrate several groups of officers in a small part of the area, where they will look for drivers who are under the influence of alcohol or illegal drugs. The article did not specify how the officers will decide which drivers are intoxicated, but said sobriety checkpoints may be used in future patrols. Local prosecutors have agreed to take cases brought to them by officers outside their jurisdictions.

“We know that any time we put out more officers, we see more DUI arrests,” said Major Steven Powell of the Colorado State Patrol.

Continue reading "‘DUI Task Force’ Forming in Denver Area" »

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