Are There Defenses To Reckless Driving?

Did you receive reckless driving charge in Georgia? Not only could you be facing charges, but you may also have to deal with the expansive cost of added penalties. So what defenses might your criminal defense attorney use to defend you?

You Were Not Driving The Car

First things first, in order to be convicted of reckless driving, Cobb County law enforcement must actually prove that you were the driver of the vehicle. In common practice, law enforcement would testify that when they approached the vehicle, you were the individual sitting on the driver’s side of the car.

This may seem cut and dry, however, in the event of a motor vehicle accident, lines get blurred and it is entirely possible that the officer was mistaken as the vehicle may have been vacated prior to the officer’s arrival. In this case, it is possible that law enforcement did not witness the actual accident.

If you and your passenger were taken from the scene for medical care, no one would have been in the driver seat at the time of the officer’s observations of the accident scene. Any information received may have come from a witness and that can be challenged.

Improper Calibration Of Radar Equipment

Law enforcement must attest to the fact that their equipment has been properly cared for, maintained, and correctly calibrated and working at the time it was used and resulted in a stop. Your attorney will be able to question law enforcement about how accurate their equipment is and it is possible that the result of that radar scan may not go on the record. Law enforcement does a great job of enforcing the law however, they may not have a technical team supporting preventative maintenance and repairs on their equipment, therefore, it is not likely that they can answer your attorney’s questions in a manner that would harm you, in other words, the radar can be challenged in court and may be successful.

Urgent Family Matter

Every family will face an emergency and in those times of need, one may operate a vehicle with an urgency that is liable to result in a reckless driving charge. If you were on your way to a medical facility or another emergency, you may be able to find some legal reprieve as it provides a reasonable explanation for the urgency of your speed and the reckless driving.

Contact an Attorney

Reckless driving is not a simple speeding ticket, it is far more serious and can be accompanied by added fines and penalties. It is important to understand how to defend yourself and protect your future. Get compassionate and experienced legal guidance from Cobb County Criminal Defense Attorneys who care. Call our office today for a free consultation.

A law enforcement officer pulling you over is a jarring experience to say the least. Regardless of how old you are or how long you have been driving, the physical act of being pulled over by a police siren and flashing lights is nothing to look forward to. Here’s what you need to know about what you can and cannot do during a traffic stop.

Do Not Dispose Of Anything By Tossing It Out Of The Car Door Or Window

First, it should go without saying; when you have been pulled over and have reached the stop point, do not open your car door. The latter is for your own safety. You may feel the need to open the car door and step out to speed the process up, or simply attempt to do it out of habit. Refrain from opening the car door, the same goes for opening the car door to toss a wrapper or the like, it can wait.

Likewise, there is no need to pull down your window to throw anything away, be it a gum wrapper or a toothpick. Any sudden movement on your behalf and you will draw unnecessary suspicion to yourself regardless of whether it is warranted or not. Once you have pulled into the shoulder or a safe space, the only thing you need to be doing is waiting patiently for the officer to initiate communication.

Stay Calm And Leave Your Hands On The Wheel

Law enforcement will approach your vehicle at their leisure, those few seconds or even minutes may seem like a lifetime. However long the officer takes to get to your vehicle, you need to have your hands visibly on the wheel so as to show cooperation as well as for your own safety. Once the officer instructs you to roll your window down (if you have not already done so) he or she will provide further instructions. License and Registration will likely be requested, at that point you can as to retrieve your documents. It is important to let the officer know that you are reaching in your back pocket, purse, glove compartment, etc. The officer needs to feel safe as you move within your vehicle.

Less Is More

Law enforcement may try to fish information out of you. It is not your job to prove to the officer that whatever his or her suspicion is of you is correct. Whether he or she suspects that you are driving under the influence or are impaired in anyway, that is the officer’s job to prove. They may ask you various questions in order that you may disclose something that can later be used against you. You can tell the officer that you do not wish to comment and this answer of course is to be utilized with common sense. You do need to be cordial and cooperative but not to your own detriment.

Do Not Resist

You will often have heard or seen a movie where the person that is pulled over tells the officer that they do not wish to have their vehicle searched. In some respects, this is true, you can decline a vehicle search but law enforcement may claim to have probable cause. In this case, an officer may actually go ahead and search your vehicle. Make sure that you let the officer know that you do not consent to the search but do not resist the search. The same is true if law enforcement decides to arrest you. You must remain calm and cordial and not resist for your own safety and for the future of your criminal case as well.

Cobb Criminal Defense has experience handling traffic related offenses including, DWI, DUI and the like. Should you be facing criminal charges, it’s important to speak to a qualified criminal defense attorney as soon as possible. For immediate assistance, contact our office today.

Have you been accused of reckless driving in Cobb County?

Reckless driving is a serious and often costly offense. In addition to facing criminal charges, you may also be subjected to hefty fines, penalties and even jail time. Your charges will ultimately depend on the circumstances surrounding your case. Was there alcohol or controlled substances involved? Were there children in the car? Aside from a reckless driving charge, there may often be additional charges resulting from the initial stop. 

DEFEND YOURSELF AGAINST RECKLESS DRIVING CHARGES IN GEORGIA

It is important you equip yourself with the information that you will need in order to defend yourself. It is vital to speak to a Criminal Defense Attorney immediately to begin mounting your defense strategy. So how can you defend yourself against Reckless Driving Charges in Georgia?

Let’s look at some options for your defense

You were not the operator of the motor vehicle in question.

The burden of proof rests on law enforcement. Law enforcement must provide evidence that you were actually in the driver’s seat and the officer would have to testify as such. If your reckless driving charge was a result of a driving incident or accident, the likelihood that the officer actually saw you behind the wheel is not likely at all. In fact, it can be argued that you were not in control of the vehicle.

Improperly Calibrated Radar

Often, law enforcement may interpret speeding as Reckless Driving. The fact is that you don’t know what law enforcement officers will be on the road or what their individual perception of Reckless Driving is despite any pre-requisites in the law for what constitutes Reckless Driving. A speeding ticket, while serious, may not be as grave as an actual Reckless Driving charge. If a police officer utilized any form of radar equipment, the burden of proof is on them to show that that equipment has been continuously maintained, updated, and calibrated correctly.

It can be argued in your favor that the equipment was not properly calibrated and requesting an expert from the police department to testify can be quite a disturbing tool to use in your defense. Often, an officer has not had extensive training or re-training on calibrating the radar, nor did they build the equipment and it is very likely that they will not be able to answer questions as to how the atmosphere or general weather (wind, precipitation, etc.) could have affected their readings.

Contact Cob Criminal Defense

It is critical that you understand that a Reckless Driving charge in Cobb County or in the state of Georgia for that matter is NOT the same as a speeding ticket. This is a serious offense and you will need a serious defense. Call my office today and learn how I can help you fight these charges.

While texting and driving is the most well-known type of distraction (and arguably the most dangerous), there are multiple forms of distracted driving that should be guarded against. Here are four types of distracted driving that you should be aware of, how to reduce distractions behind the wheel, and how to get legal help after an accident. 

VISUAL (SIGHT)

One of the most dangerous forms of distraction is visual, or distractions that engage the sense of sight. This results in a driver taking their eyes off the road, which can be catastrophic in a matter of seconds. For example, texting requires you to look down at your phone to read messages and to watch your fingers as you type replies. Other visual distractions could be colorful signs outside or watching children in the backseat via the rearview mirror. 

AUDITORY (SOUND)

Another type of distraction while driving is auditory, or things you can hear. Auditory distractions most often take place inside the car but can occur outside as well. If, for example, your windows are down and another vehicle is playing loud music, this can distract you from the sounds of traffic around you. Internal auditory distractions are usually loud music and passengers talking or arguing. 

Manual (Touch) 

There’s a lot of things in your car you can touch, and all of them are manual distractions. Rolling down your window and changing the radio are manual distractions, however, they’re unlikely to cause an accident. Other distractions, like eating and driving, putting on makeup on or texting carries a much higher risk. 

Cognitive (Thought)

Distractions can also be something you think about. If you’ve ever caught yourself daydreaming for a few seconds behind the wheel, you know that it typically only lasts a few seconds. A couple of seconds is all that’s needed to cause a car accident. Avoid daydreaming by maintaining focus on the road — try narrating what you see out loud. 

Were You Injured in a Distracted Driving Collision? Contact Us 

Even though drivers have a responsibility to ensure they aren’t distracted while on the road, distracted driving accidents are unfortunately common. Whether a fender bender or a collision that results in severe injury or even death, the person at fault should be held liable for their negligence. Gregory Chancy has extensive Personal Injury Law experience working with clients who have been the victim of distracted driving and their families, and we’re committed to continuing to support them. Call today for an appointment.

Driving Under The Influence In Georgia

It is easy for a routine stop to escalate where a DUI is concerned. Being pulled over by law enforcement can cause extreme fear and anxiety in the moments that follow. It is important to try to remain as calm as possible when you have been pulled over under the suspicion of driving under the influence in Georgia. In all likelihood, if the officer in question feels that there is a reasonable suspicion that you have been operating your motor vehicle under the influence of drugs or alcohol, you will be asked to take part in a field sobriety test.

Considerations For DUI

• Driving “under the influence” of alcohol, drugs (legal/illegal)
• Having marijuana or other illegal drugs in your blood

There is no distinction when it comes to impairment. If you are found to have marijuana or drugs in your blood but do not appear to be impaired, you will still be charged with a DUI in the state of Georgia. Likewise, if you are over the legal limit on your BAC test, yet you do not appear to be impaired, you will still be charged with a DUI in the state of Georgia. This is not up to the discretion of the officer.

REFUSING A BREATHALYZER TEST IN GEORGIA

You have the right to refuse a breathalyzer test in Georgia, however, this is not without its penalties. In refusing to cooperate with a breathalyzer test, you may run the risk of losing your license and having it automatically suspended for a period of time determined by the court.

DUI Arrest & Charges For A First Offense

A first offense DUI Charge is very serious in the state of Georgia. If you are found guilty, you can face up to 1 year in jail, but no less than 24 hours at the time of your arrest. Not only will you face a possible jail sentence, you will also face probation thereafter. In addition, you will be faced with up to one thousand dollars in fines and the possibility of taking part in community service for at least 20 hours. Outside of the latter, you may also be required to submit to clinical evaluation and take part in other programs. 

Get Help Today

Aside from the fact that you may have to face some hefty fines and penalties, you also have to consider other elements in your life that can be affected by a DUI conviction like a criminal record, your car insurance, future employment and so on and so forth. For these reasons, it is vital that you get an experienced criminal defense attorney to fight your DUI charges.

If you are arrested for driving under the influence in Cobb County, GA then you will want a criminal defense attorney who is familiar with Cobb County DUI laws and procedures. A Marietta criminal defense attorney who is familiar with the local Magistrate Court system, the prosecutors office, and most importantly the judges will be your best defense to protect your freedoms. If you are arrested for a DUI in Cobb County GA then you need to Contact Cobb Criminal Defense today for assistance.

The days of analog radios and paper maps are long behind us. The surge in technological advancements over the past decades has brought a wealth of in-car tech. infotainment systems, navigation, and built in cameras have drastically changed the way we drive. Cameras allow us to back out of tight spots without fear of being rear ended. Some, more advanced camera systems, will even help to prevent you from colliding with a vehicle that makes a sudden stop. Navigation helps us reach our destination with audible cues, keeping our eyes on the road. Hands free phone technology allows us to communicate without lessening our ability to steer our vehicles safely.

These developments have undoubtedly created a safer driving experience, but they have also increased the propensity for distracted driving. The touch screens that are integrated into all of these systems, can steal a driver’s attention, creating dangerous situations.

Distracted driving is not a new occurrence created by this type of technology. It is more accurately, an attempt to resolve the issue. Since the rise of smart phones, distracted driving accidents have increased. Many states and cities have passed laws restricting the use of handheld devices on the road. Hands free calling and texting are now the legal, and safer, alternative to this dangerous activity. However, when used improperly, these systems can be equally dangerous.

This new technology and the associated risks have not gone unnoticed by the National Highway Traffic Safety Administration. In 2012 they laid out a proposal for manufactures to refer to when designing these devices. Mainly that these devices should maintain a reasonable level of complexity and only display necessary information. They should also not take the driver’s attention for more than 2 seconds or require more than one hand to operate. Following these guidelines is still optional for automakers, since this is only a proposal for change.

Since there are no laws that govern the use and content of these systems, does that leave manufacturers free of liability for accidents that may result? Not necessarily. Court cases surrounding these circumstances are growing, and with them come precedents that will affect the outcomes of future cases. Don’t assume that you are fully liable for an accident, just because one of these devices caused you to be distracted. If you have been involved in any type of auto accident, call the Law Office of Gregory Chancy today at (770) 627-3221.

Motorcycles can be a ton of fun to ride, especially during these hot summer days. Every day riders jump on their bikes and head out on the open road. But, along with the thrill of riding, comes increased risk of accidents and serious injury.

Motorcycle fatalities in Georgia have steadily risen every year since 2013, accounting for approximately 10-12% of all traffic fatalities*. This a concerning statistic considering motorcycles make up for a rather small percentage of the total vehicles on the roadways.

Motorcycles are less visible that passenger vehicles. Even a rider who is following all traffic regulations can be at risk since other drivers simply may not see them. Here we’ll be discussing some of the most common circumstances under which motorcycle accidents occur.

Speeding

Speeding can be very dangerous, and some riders may not even realize they’re doing it. How can you speed without knowing it you may ask? Well, even driving at the posted speed limit may be dangerous under certain road conditions and in turns or curves. Riders should stay aware of road surface conditions and watch their speed when on roads with twists.

When driving a passenger vehicle, of course you should also avoid speeding. The result of a speeding car that collides with a motorcycle can be tragic and often cause fatalities.

Driving Under the Influence

Driving under the influence of alcohol and/or drugs is always dangerous. When motorcycles are also involved, the possibility of serious injury or death increase dramatically. In many places, DUI is the leading cause of motorcycle accidents.

Alcohol and drugs can delay your reaction time and impair your judgement. That, along with lowered inhibitions and increased chance of reckless behavior, are a recipe for disaster.

Lane Splitting

When a motorcycle drives between the designated lanes, usually in the space between cars sitting in traffic, this is known as splitting lanes. While legal in some states, lane splitting is illegal in the state of Georgia. For obvious reasons, this type of driving can be very dangerous. Reduced space and lowered visibility greatly increase a rider’s risk of being involved in an accident.

The bottom line is, while motorcycles can be a great hobby, they are not to be taken lightly. If you ride, you have a personal responsibility to do so as safely as possible. Even though an accident may not be your fault, it could have serious consequences.

If you’ve been involved in any type of accident, call the Law Offices of Gregory Chancy today at 770-627-3221.

*Governor’s Office Of Highway Safety In Georgia. (n.d.). Retrieved from https://www.gahighwaysafety.org/research/motorcycles-statistics/