What To Expect When Arrested for a DUI in Georgia

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.

Domestic Violence

What happens when a domestic dispute goes wrong?

High Family Tensions

There is no doubt that tensions can run high when it comes to disagreements and arguments combined with escalating tempers in familial situations such as contested divorces or something as simple as a few drinks with friends that went wrong. A simple discussion can get away from you and that can lead to yelling and shouting and before you know it, the police have been called and are standing at your front door.

Here’s the thing about family tension and arguments though, once law enforcement is called, what was once a small argument that snowballed into a larger disagreement and spiraled out of control, is now a lifechanging event and you may not be able to turn the hands of time back to change the circumstances yet to come.

ONCE LAW ENFORCEMENT INTERVENES IN A FAMILY DISPUTE, IT CAN QUICKLY ESCALATE TO A DOMESTIC VIOLENCE CHARGE

Make no mistake about it; having the police show up at your door can go one of two ways:

  • Either they understand that a neighbor misconstrued what they heard and complete a quick check to see that all is well. Once they confirm that all is well, they move on leaving your family intact.
  • Unfortunately, it can go south pretty quickly if tempers are still running high by the time law enforcement arrives. If any party involved says too much or gives the impression that all is not well, one of the parties involved may leave in handcuffs thereby, changing your family dynamic forever.

LAW ENFORCEMENT MAY BE FORCED TO MAKE AN ARREST

In some cases, law enforcement officers may not be satisfied with any explanations provided to them and choose to file charges. This is also the case if one makes an accusation against another out of spite, law enforcement will have no choice but to make an arrest. 

You Can’t Take It Back

Later, if that party chooses to change the statement, it may be too late as the state can often continue to prosecute a party without the cooperation of the accuser. Once you accuse a family member of domestic violence, it can be almost impossible to take it back. The cats out of the bag so-to-speak and law enforcement often may believe that a person is changing their story out of fear. 

Consequences Of Domestic Violence Charges

Not only is a domestic violence charge life-changing, under the Family Violence laws in the state of Georgia, if convicted you can face felony charges , fines, jail time and orders of protection among other penalties. Family violence is considered criminal behavior and thus, you will have a permanent conviction on your record that can affect employment and educational opportunities. Make no mistake, this is considered a violent crime in the State of Georgia and the ramifications are very real.

Get Help With Your Domestic Violence Charges In Cobb County Today

Contact Cobb Criminal Defense today to learn more about what options are available for your defense. Protect yourself, your family and your future. Call today.

 

Marijuana Possession

Were you arrested for Marijuana Possession in Georgia?

There are various fines and penalties associated with a possession charge, all of which depend on the level of offense and quantity of possession. In the state of Georgia, Marijuana is considered a controlled substance and is governed by Georgia Code 16-13-1. While there are states in the US that are moving towards legalizing Marijuana, often for medicinal purposes, in the state of Georgia, the possession of Marijuana constitutes a crime. 

PERSONAL USE & DRIVING UNDER THE INFLUENCE OF MARIJUANA

Regardless of whether you have marijuana on your person for personal use, or have been pulled over and have been found to be under the influence of marijuana, you can be charged with a crime. Driving under the influence of Marijuana is considered a DUI Charge and carries serious fines and penalties.

WHAT ARE THE PENALTIES FOR MARIJUANA POSSESSION?

In the state of Georgia, there is no difference between possessing marijuana for personal use or possessing marijuana with the intent to distribute it. For the purpose of allocating your charges and sentencing you, one class of possession is not different than the other. Possession is possession regardless of the purpose.

Quantity In Possession

If you are found with up to ten pounds of marijuana, you can be charged with a felony charge and face a possible sentence of up to ten years in jail. The sentence, fines, and penalties are incremental with add-on offenses and can be more severe if:

  • there is a minor involved
  • the offense occurred in a drug-free zone
  • if this is a subsequent offense

Trafficking 

If you are found with over ten pounds of marijuana this would be considered trafficking in marijuana. The punishment is incremental to the quantity involved. As the quantity increases, so too do the fines, penalties and jail time. In most cases, there will be mandatory prison sentencing and fines that can be tens of thousands of dollars.

Get Help For Your Defense

Your future depends on your defense. Get ahead of your charges by getting a foothold on your defense. Speak to Cobb Criminal Defense today and begin fighting your charges. Your future may depend on your Criminal Defense. Call now.

 

INFOTAINMENT SYSTEMS AND DISTRACTED DRIVING

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.

 

3 COMMON CAUSES OF MOTORCYCLE ACCIDENTS

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/

 

STALLED VEHICLES IN THE ROADWAY

It’s no secret that traffic is a serious issue in Atlanta and the surrounding areas. One common cause is stalled vehicles in the roadway. The first things that come to mind with a stalled vehicle are the delays, inconvenience, and costly repairs that come with a breakdown. However, the potential risk of injury and death in these situations is a much more serious concern.

Stalled vehicles create significant danger, for both to the occupants of the incapacitated vehicle and other drivers. Even the most attentive drivers could be caught off guard by the sudden need to stop or change lanes to avoid a stopped vehicle on the interstate, and with the increase in distracted driving, they may never even see it coming. If your vehicle has stalled and it is not safe or possible to move it yourself, it is important that you understand how to get out of the situation without harm to yourself or others.

There is a service that operates in Atlanta specifically for the purpose of clearing roadways so that traffic flow can return to normal. The Highway Emergency Response Operators, or HERO for short, are available 24/7. They can be reached by dialing 5-1-1. Obviously if you have been in an accident, then you should contact emergency services. But, if your vehicle has simply become immovable, HERO can get it out of harm’s way so that you can make arrangements to have it towed to a shop or your home.

SAFELY MANAGING A STALLED VEHICLE

The driver experiencing the mechanical problem and other drivers have to play a role in avoiding stall-related accidents. These are some simple strategies that should be regular practice for all drivers.

  • Keep ample distance between yourself and the vehicle in front of you.
  • Stay aware of your safest route to avoid a possible accident or breakdown that occurs in your line of travel.
  • Pay to attention to other drivers around you, lookout for signs that they may make a sudden lane change or suffer a malfunction.
  • Do not make assumptions that other drivers will attempt to avoid an accident or stalled vehicle.

The first step in managing mechanical failures, is avoiding them. While there are some things you can never predict, routine maintenance can eliminate many possible failures. Here are some things any driver can do, despite your level of knowledge about cars.

  • Check your tire pressure regularly.
  • Inspect your tires for wear and damage, such as punctures and bubbling or gouged sidewalls.
  • Monitor your fluid levels. Your oil and coolant can be easily checked and are vital to the vehicle functioning properly.
  • Gauges and warning lights will also alert you if you have an issue arising. Know what these gauges mean, and what they read under normal circumstances. If you have a check engine light on, you can have it diagnosed for free at most auto parts stores.

Despite your best efforts, problems may still arise. The following will help you handle this situation as safely as possible.

  • Use you hazard lights to alert other drivers.
  • Remain calm and avoid sudden or abrupt movements.
  • Avoid sudden hard braking, especially in the event of a tire blowout. Allow the car to naturally decelerate.

If unable to get to the shoulder or out of traffic, use the following tips.

  • Use your hazard lights and make sure you are visible to other drivers.
  • Contact roadside services. Again, HERO can assist you free of charge. Dial 5-1-1.
  • Before exiting the vehicle, make certain that you can do so safely. If possible, use road flares to make yourself more visible.
  • Do not attempt to repair or push the vehicle in traffic.
  • If you determine the safest action to take is staying in your vehicle, keep your seatbelt fastened.

If you have been injured in any type of vehicle accident, contact the Law Office of Gregory Chancy today.

SHARING THE ROAD WITH SEMI-TRUCKS

While driving your vehicle safely is important and necessary, many factors on the roads are out of your control. You simply cannot control or predict what other drivers are going to do. However, there are some things you can do to protect yourself. Specifically, when driving near 18 wheelers.

Tractor trailers and other commercial vehicles can weigh more 80,000 pounds. Some of these are hauling flammable or hazardous materials. Others are carrying heavy equipment, often secured by the vehicle’s operator, who may be working more hours than allowed, leaving them under rested. While most truck drivers abide by the regulations of their industry and obey traffic laws, there are some who follow unsafe practices on a regular basis. This can cause accidents which almost always result in serious injury.

Whether you are heading out on a road trip, or just your daily highway commute, you will be sharing the road with commercial haulers. The following are tips to help keep you and your passengers safe.

Keep a safe braking distance when following trucks

If you are within one or two car lengths of the back of a semi-truck, the driver likely cannot see you. This is one of these large trucks many blind spots. A trucker who gets tired behind the wheel may suddenly brake out of panic. These vehicles also take longer to stop, requiring the driver to get on the brakes hard in a situation where something is obstructing their path. Regardless of the reason for their stop, if you have not left yourself ample distance, you could end up under the back of the trailer.

Be aware of, and avoid, blind spots

Along with the area directly to the rear of the trailer, trucks also have large blind spots on their sides and directly in front. Many trucks have signs that will warn you that you are in an area where their visibility is low. However, an impaired or overworked driver may not even bother to look. Best to fully avoid these areas when possible. When passing, do not linger and stay alert.

Do not pass a semi-truck on the right

Directly beside the right side of these vehicles is the most dangerous area to be. Attempting to pass on the right puts you at serious risk. Trucks make wide right turns. One of the most common type of accident occurs when a right turning truck runs over a vehicle in this blind spot. Always pass on the left and watch for turn signals on large trucks.

Beyond the inherent danger of traveling near semi-trucks, are the risks that operators are known to take. These drivers work long hours and often spend many months on the road. Along with physical fatigue, truckers may also be under emotional stresses being away from family for extended periods of time. The trailers may be overloaded or hauling dangerous chemicals. Any number of these factors could be occurring simultaneously.

Don’t take any risks. Drive carefully, be alert, give them space

If you or a loved one have been involved in an accident with a tractor trailer or other commercial vehicle, call the Law Offices of Gregory Chancy today at 770-427-3221.

 

HOW ARE PERSONAL INJURY CLAIMS SETTLED?

One common misconception about personal injury claims, is that part of the process will include the inconvenience of appearing in court. The reality is, only 5% of personal injury claims ever go to trial. The vast majority are settled out of court.

The end goal of moving forward with a personal injury claim is to receive financial compensation for damages caused by the responsible party. If you were injured in a motor vehicle accident and can demonstrate that the negligence of another party caused the injuries, you may have a valid personal injury case.

While this is a legal action, 95% of personal injury cases are settled without ever going to court. Even though very few cases ever make it to trial, it is still very important to choose a knowledgeable and experienced attorney to represent you. A good attorney will be prepared and show that you will try the case if necessary. This is instrumental as insurance companies work hard to be aware of lawyers who will settle for less just to avoid a trial.

In terms of settlement, the two parties are trying to determine what a jury would award in a trial setting. Most cases settle out of court because, once the facts are known, most reasonable lawyers can agree on what a jury will likely do.

Given all of the complex questions and considerations involved in each case or claim, you should find an experienced personal injury or car accident lawyer to speak with about your case.

 

PERSONAL INJURY DAMAGES

While the term “damages” gets thrown around a lot when discussing personal injury, it’s meaning may not be entirely clear to some people. It is typically associated with loss from “pain and suffering”. This is a type of damage, but there are others. As a legal term, damages refer to both the loss that may be suffered from an accident, and the compensation that is received once the loss is proved.

Why is this important?

Certainly, the goal of a personal injury lawyer is to hold a party accountable for negligence that lead to the injury of a second party. Justice would hardly be served if the injured party simply received an apology and the assurance that they wronged. If you are hurt because of someone’s carelessness, you deserve to be restored. The justice system relies on the fact that if you are violated in some way, you have the right to be vindicated.

Personal injury lawsuits are commonly criticized as outrageous “get rich quick” schemes that serve more to benefit the attorney, than the Plaintiff. Financial restitution is not a perfect tool for awarding justice, but it is the closest remedy we have in today’s society. History teaches us that without a civilized system for such grievances, individuals will seek vengeance as their own form of justice. Labeling lawsuits and damages as a pursuit of personal gain, minimizes the suffering of the victim, as well as all the modern, civilized culture that these particular laws have afforded us. In a modern society, damages represent the peak of our imperfect attempts to achieve justice.

 

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