Georgia Criminal Defense Blog

A DUI arrest can be quite embarrassing, especially if you are a celebrity or a city official in the public eye. The news channels are quick to thrust a camera in your face, but here’s a story that shows it’s even harrowing when the news and details of your DUI arrest are splattered all over the Internet.

According to a recent news article in the Atlanta Journal-Constitution , Alpharetta City Councilwoman Debbie Gibson, who was charged with DUI in March of this year, already has an entire Web site, www.duidebbie.com, dedicated to her DUI arrest. Not only does it have her booking photo, but also a link to a video of her field sobriety test and another link to audio where Gibson can reportedly be heard cursing her arresting officer. This Web site apparently has her tried and convicted when her actual trial in court just began last week.

Of course, you have to think that there is political motivation behind a Web site that attacks a politician in such a fierce, and seemingly vindictive manner. It all begins to make even more sense because Gibson is running for reelection. The DUI arrest turned out to be a great weapon in the hands of opponents to sling mud on her and being a public official, Gibson is fair game and there’s very little she can do about it.

The Web site was started by Alpharetta resident Jeff Berry, who updates it regularly. He says he wants to shed light on the councilwoman’s hypocrisy and show people that she is unfit to run for office.

This story, if anything, is a classic example of what a DUI arrest can do to a person’s life. This councilwoman has not even been proven guilty in court, but a layperson has already convicted her on the Internet, which goes to show the power the World Wide Web wields over our world today. It makes the job of Georgia criminal defense attorneys increasingly difficult. As for defendants, they could lose everything they worked for in an instant – their jobs, their reputation and even their driving privileges.

If you or a loved one has been charged with a DUI in the state of Georgia, contact Conaway & Strickler right away to discuss your case. Our years of experience, stellar track record in Atlanta DUI defense, expertise in DUI law and familiarity with local courts makes us your best shot at acquittal and clearing your name.

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Senators in South Carolina seem determined to move ahead with a DUI bill that would create a “tiered penalty system” for drunk drivers. This means, the more drunk you are, the stiffer the penalty. According to an article in the Augusta Chronicle , a legislative panel resumed work last week on the said DUI bill, which is being called a hot topic in the senate.

Under the current law, all drunk drivers are treated equally. Whether a driver is at or over the legal blood alcohol level of .08 or at twice or thrice the legal limit, they are handed out very similar punishment. Of course, the only way it would vary is if the person in question was involved in an auto injury accident or serious or fatal injury accident. In such cases the drunk driver could face a DUI and vehicular manslaughter charge.

South Carolina senators believe H3496 will overhaul the state’s DUI law. While the bill has already passed the house, it needs to get through the Judiciary Committee and the full Senate to become a law. If changed, a special committee of House and Senate members will meet to arrive at a version that will then proceed to pass and become law.

This legislation was reportedly stalled in the House last spring. Among the important issues that came up were whether police officers should have to videotape their questioning of a DUI suspect.

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Nissan has unveiled a concept car that among other things, checks a driver’s soberness and alertness with a mounted camera that monitors blinking. According to a news report from Associated Press, the car’s alcohol detection system also features sensors in the gear shift knob that will test the level of the driver’s perspiration and may even issue a cautionary message in an electronic voice in an effort to prevent Georgia DUIs.

These cars will be available this year in Japan and as early as next year in the United States, the news agency reports. According to Nissan officials, the car was designed in such as way that it can assess danger on its own and interacts with the driver to relay those dangers. Another example of this interaction – if the driver takes his foot off the pedal, the car will automatically apply brakes to stop the car and if the driver continues to step on the gas pedal, the car will keep moving.

From a DUI stand point, the most interesting feature is the way the car’s system measures alcohol levels in a driver’s sweat from sensors in the gear shift. This almost acts like an ignition locking mechanism. In addition, an electronic voice issues a warning. A computerized camera measures the driver’s blinking to check if he or she is intoxicated or drowsy. Nissan officials say they don’t think an average person might want to buy this car, but that it may have its uses in commercial vehicles such as delivery trucks or taxicabs.

Continue reading "Nissan’s New Car Boasts Features That Claim To Prevent DUI-related Accidents" »

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A police officer who was off-duty reportedly, warned Cobb County officials about a suspected drunk driver who they say has had several drunk driving violations in the past. Officials ended up arresting this driver, but not before he tried to take off and then hit a vehicle injuring two children, according to a news article in the Atlanta Journal-Constitution .

Police arrested Christopher Wade Payne after he crashed into 41-year-old Annie McKelly’s van. The Marietta woman was driving with her 10-year-old twins – a boy and a girl in the back seat of her 1993 Plymouth Voyager. Both children were taken to an Atlanta area hospital. The girl had a broken ankle, but the boy had serious head injuries, the newspaper reported. Another sibling, a 11-year-old boy who was in the front passenger seat, was not hurt, the article said.

According to the newspaper, Cobb Police officer M. K. Smith was on his way home when he spotted Payne driving erratically. The officer alerted his colleagues using a walkie-talkie about the man he suspected to be a drunk driver. Patrol officers within minutes tracked down Payne’s truck and tried to make a stop. But Payne seemingly took off in a panic, ran a red light and hit the family’s van.

Payne was charged with driving under the influence, attempting to elude officers, aggravated assault on a police officer and serious injury by vehicle. Payne was also reportedly driving a stolen truck. Officials said Payne was a “habitual DUI violator.”

This person clearly did something you DO NOT do when an officer tries to stop you, which is to take off and trigger a pursuit. This type of behavior does nothing but worsen the already bad situation you are in. Even when you are stopped on suspicion of a DUI, the least you can do is be courteous to the officer. Getting into a fight with the officer is a sure ticket to get to jail sooner. Understand that you don’t have the right to an attorney right away. But what you do have the right to do is refuse to take a field sobriety test.

Continue reading "Off-Duty Cop Helps Catch Suspected Drunk Driver" »

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The Augusta Chronicle reports that a former Tybee Island police officer is in legal hot water after being indicted by the Chatham County grand jury on bribery charges involving a 2006 DUI arrest. Prosecutors allege that Jose A. Prichardo, a rookie officer with the Tybee Police Department, took $500 as a bribe from a driver on Sept. 25, 2006 to negate a DUI charge after it had been filed.

The indictment further alleges that Prichardo gave the motorist, Gregory Michael Tyre, a reasonable cause to believe that the then officer would make the DUI charge go away if he paid him the money. The indictment also states that Prichardo did many things out of the ordinary to help Tyre’s DUI charge get dismissed.

He reportedly did not provide results of Tyre’s blood tests to the prosecutor thereby ensuring that there would be no evidence of blood alcohol in the case. The officer then deliberately failed to show up in court, leading to the dismissal of the DUI charge, the newspaper reported.

According to the article, Tybee Police Chief had already fired the 23-year-old police officer for violating department standards and not being able to perform to departmental standards. The officer was reportedly still on probation for his job when he was fired. The said incident occurred only five months after he was hired.

This is an interesting article. It would be interesting when more facts come out during the trial of this officer, who was clearly having other problems performing his functions as a police officer. A Georgia DUI arrest is probably the most common type of arrest an officer will make in his or her career in law enforcement. It is important that police departments ensure that their officers perform to the highest standards.

Continue reading "Former Police Officer Indicted On Taking Bribe In DUI Case" »

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