Georgia Criminal Defense Blog

Legislators in South Carolina have a signed a bill that will raise the maximum jail time for DUI offenders from five to seven years, impose tougher penalties for motorists who refuse to take a field sobriety test and increase the punishment for those who have a blood alcohol content higher then the legal limit. Legislators believe that this new law will “improve the DUI conviction rate and make the prosecution process easier for the department and the prosecutors,” according to an article in the Augusta Chronicle ().

The law will become effective in February. Among other things, this law will also stop requiring officers to have to read the Miranda’s rights three times. According to police officers, that provided a way out for offenders who would avoid conviction by pointing out that the arresting officer missed one reading. The law would also get rid of community service as a sentencing option for repeat offenders. In addition, suspects who refuse to take a blood alcohol test could have their license suspended for six months instead of 90 days.

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A recent Supreme Court ruling has further narrowed Georgia’s law concerning implied consent and DUI. The Georgia Supreme Court recently ruled that a Richmond County man, Harley Snyder, should not have been required to give over a blood sample that led to his DUI conviction in a fatal accident without a search warrant. Though Snyder could have been forced to undergo blood alcohol testing if the crash had resulted in obvious injury or death, nobody appeared to be injured on the scene of the 2004 crash, though a passenger died ten days after the accident occurred.

Georgia’s implied consent law used to require drivers involved in serious accidents to undergo drug and alcohol testing. However, recent probable cause cases and this Supreme Court case have served to chip away at the implied consent law, forcing officers to require DUI testing only when probable cause exists. This is good news for Georgians, whose rights to resist unreasonable search and seizure are endangered by the implied consent doctrine.

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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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An agent who works for the Drug Enforcement Agency (DEA) has been charged with driving under the influence in connection with an arrest last month, the local CBS news channel reports. According to officials, 29-year-old Lori Johnson hit another driver, 19-year-old Darrell Baxter on Dec. 19.

The news channel interviewed Baxter, who told a reporter, that he called 911 and told the dispatcher that Johnson had hit him and that she appeared to be inebriated. The agent “could hardly walk,” and was dressed as if she had been out partying, Baxter told the CBS news reporter. The agent also reportedly showed him her badge and informed him that she was in her company vehicle.

The article also said that the arresting officer wrote in his report that Johnson’s speech was slurred, that she smelled of alcohol, and that she could not find her driver’s license. The officer also reported that she had to use his patrol car to support herself and that she told him that she had consumed three or four drinks.

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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.

Continue reading "South Carolina Senate To Discuss Tiered Penalty For DUI Violators" »

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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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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.

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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.

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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.

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There are no winners in a DUI-related death. A recent Georgia case illustrates that point all too well. Earlier this month, a teenager escaped with a five-year sentence after reportedly causing an accident that killed a 20-year-old woman on the Interstate 475. Bibb County Superior Court Judge Bryant Culpepper gave 19-year-old Nathan Russell Hatton the lesser sentence instead of the maximum sentence of 15 years, according to an article published in the Macon Telegraph.

During sentencing the judge made an interesting and very valid point. He told a room filled with grieving family members that he would give Hatton a life sentence if that would bring the deceased Lauren Wilder back to life. The accident occurred Nov. 4, 2006 when Wilder was on her way to work on the I-475. Hatton rear-ended her on the freeway and Wilder was ejected from the vehicle. Officials said it was likely that Wilder was not wearing her seat belt.

Several members of Wilder’s family talked about their loss – a wedding they’ll never see, grandchildren they’ll never have, memories yet to be made. On the other hand, Hatton who reportedly had a .04 blood alcohol level during the accident, told the court that he is a changed man after the accident, that he thinks about Wilder all the time and is truly remorseful for the pain and suffering he has caused her family and friends.

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Camden police arrested a man and charged him with drunk driving after they observed he was slow to pick up his fast food at a drive-through lane at a McDonald’s restaurant, according to a news article in The Atlanta Journal Constitution.

According to the police report, the arresting officer said he found 32-year-old Terrance Forte asleep inside the car with the engine running and his right foot on the brake. And when the officer tried to wake him up, Forte reportedly offered him $10 for the food order, possibly believing that he was at the drive-through counter. Restaurant employees called the police at about 12:30 a.m. on Saturday after they waited 15 minutes for the man to drive from one window to the next, the article said.

Officers checked his blood alcohol level and it registered at 0.19, more than twice the legal limit of .08, according to the news report. Forte was cited for his third drunk driving charge and later released.

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Lindsay Lohan recently added to the seemingly never-ending list of celebrities arrested for driving under the influence. She was arrested early Saturday morning on DUI charges after crashing her Mercedes convertible on a Sunset Boulevard curb, according to an article posted on MSNBC’s website.

While Lohan was injured in the accident and admitted to a nearby hospital for treatment, the two passengers in her car escaped unhurt. No other cars were involved in the crash, according to this report.

Unfortunately, this accident is bad news for Lohan because it’s her third in two years. But it’s allegedly the only one where she is at fault. The article also quotes Lt. Mitch McCann speaking later at a news conference, about the accident, indicating Lohan, 20, was possibly driving above the speed limit and that a drug, identified to most likely be cocaine, was found at the scene of investigation. McCann did not disclose Lohan’s blood-alcohol level and said she was citied for misdemeanor charges of driving under the influence of alcohol or drugs and then released upon her admission to the hospital.

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Rep. Ben Harbin was arrested and charged with a DUI on May 20 after he swerved off of an Atlanta street and ran into a pole, according to an article in the Atlanta Journal Constitution. According to police reports, Harbin smelled of alcohol, had slurred speech and had trouble keeping his balance soon after the incident.

The House Appropriations Committee chairman kept saying: “I just want to go home” and refused to submit to a blood-alcohol test, the newspaper article said. Harbin, 43, told police he had “looked down at the floor and when he looked up he saw a pedestrian in the roadway, slammed on the brakes and veered into the pole.”

Officials asked him to perform a field sobriety test, during which officials say he could not maintain his balance. Emergency medical technicians, who examined Harbin for injuries, sent him to the local hospital as a precaution. At the hospital, the congressman declined to take the blood alcohol test. Harbin was booked on suspicion of drunk driving and then released on a $1,200 bail. He now faces charges of driving under the influence, striking a fixed object and failure to maintain lane. A statement he released this week said he regretted the accident and that he thanks his family and friends for their support during this difficult time.

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Last week a Florida judge sentenced a 33-year-old woman to 15 years in state prison, the maximum sentence for a DUI Manslaughter charge. According to an article in The Tampa Tribune Nicole Harris Hall was reportedly drunk when she drove through a stop sign and hit the car Margaret L. Caouette was driving. Caouette, 75, who was driving home from her job as a Wal-Mart greeter died in the crash.

Circuit Judge Ronald Ficarotta made it clear that he carefully considered Hall’s previous crimes and her attitude the night of the accident before deciding to hand her the maximum sentence.

“You have a history of bad decisions and bad choices,” the judge reportedly told Hall. “That’s very difficult to look past in this kind of a case.”

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Pembroke City Councilman Elijah Lewis Jr., 60, was arrested on suspicion of drunk driving early morning on April 29, according to a news report in The Augusta Chronicle.

The newspaper reported that it was the city official’s fourth arrest on suspicion of driving under the influence and his second in the last two years. At about 1:30 Sunday morning, Pembroke Police Officer William Kile said he saw a 1990 Lincoln Town Car traveling 26 mph in a 45 mph zone on U.S. Highway 280. Officer Kile said he stopped the vehicle after it crossed the centerline twice.

The officer also said in his police report that he saw an open 12-pack of beer in the car and detected a strong odor of alcohol coming from Lewis. The councilman was arrested after he failed four field-sobriety tests, according to the police report. Lewis was taken to the Bryan County Sheriff's Office, where one blood alcohol test resulted in a reading of .16 and a second test read .15, the article said. A reading of .08 or higher automatically results in a DUI charge in the state of Georgia.

In Georgia, persons arrested for DUI will be subject to additional criminal law punishments including jail time, fines, and community service. Usually, first-time DUI offenders can expect to incur a fine and face probation or the possibility of jail time.

But repeat DUI offenders, such as Councilman Lewis will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Fortunately for Mr. Lewis, he was not involved in an accident in this case. Penalties would be harsher if the DUI offender was involved in an accident in which someone else was injured or killed. In such cases, charges will be elevated from misdemeanors to felonies.

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