Police must have probable cause for a DUI stop in Georgia. In other words, something about your driving must have alerted the officer to the fact you could be drunk.

The following are factors that can establish probable cause for an officer to pull you over for a DUI stop in Georgia.

Traffic violations

Traffic violations are one of the most common reasons police pull over motorists. You may have failed to stop properly at a stop sign or be speeding. Your car may have a light out. If a police officer smells alcohol on your breath or your speech is slurred, he or will likely investigate further.

Traffic wrecks

Police attend most traffic accidents. The officer is responsible for compiling a report. He or she will routinely look for drunk driving as a cause of the accident. Even if intoxicated driving did not cause the accident, the officer may give a breath test to a driver suspected of being drunk.

Poor driving

Police officers habitually pull over motorists for erratic driving, weaving in and out of traffic, wrong way driving, or even traveling too slowly which may indicate impaired driving.

Observations

A police officer may base probable cause for a DUI stop on the behavior he observes. For instance, an officer could question a driver he sees walking erratically to his car at a bus station.

Field Sobriety Tests

Law enforcement officers often ask DUI suspects to perform field sobriety tests. Police use field sobriety tests to find probable cause to give you further tests. Georgia motorists are not required to agree to field sobriety tests. Drivers should politely refuse to take part because the tests are only in the interests of law enforcement.

When police fail to show probable cause for a DUI stop, a defense attorney can use the ‘exclusionary rule.’

The rule is relevant when the initial stop wasn’t supported by reasonable suspicion. The arrest of a DUI suspect lacked probable cause. The exclusionary rule requires a court to throw out any evidence obtained an unlawful illegal police action.

This is very important in a DUI case. The exclusionary rule can lead to the dismissal of a case or a plea bargain can be sought to reduce the severity of charges against you.

If you or a family member has been charged with drunk driving, please call a Newnan criminal defense lawyer today at (404) 913-1529.

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This is understandable. Driving an 80,000-pound truck carrying hazardous materials under the influence of alcohol or drugs is a recipe for disaster on the roads of Georgia.

The Federal Motor Carrier Safety Administration sets out laws relating to driving hours and the drug and alcohol testing of commercial drivers.

The rules apply to a range of commercial drivers, including bus drivers, truckers, and tow truck drivers. While most drivers in Georgia are charged with DUI if their blood-alcohol content (BAC) is at 0.08 percent or more, Georgia law and the FMCSA impose a lower level on commercial truck drivers.

Police officers will charge commercial drivers with DUI if their blood/alcohol concentration is just 0.04 percent. The BAC limit is half that of the legal limit for non-commercial drivers. Even a couple of alcoholic drinks with food will likely push you over the Georgia commercial DUI limit.

Can You Refuse a DUI Test as a Commercial Driver in Georgia?

Refusing a test as a commercial driver is a serious business in Georgia. If you decline a test, you are ineligible to have your commercial driver’s license reinstated for at least a year. That’s a big deal for a trucker or a bus driver whose livelihood depends on driving/ It’s the same consequence as failing the DUI test.

Commercial drivers who receive a second DUI conviction, or again refuse to take the test, face the loss of their CDL for the rest of their lives. The time between the convictions is irrelevant.

Despite the strict regulations relating to alcohol and commercial drivers, every year drunk truckers and bus drivers cause wrecks. The courts take these accidents seriously.

In Maine, a trucker who drove under the influence of alcohol and crashed, killing two people was recently sentenced to 25 years behind bars. Randall Weddle was convicted of 15 counts including manslaughter and operating under the influence.

Truck, bus, tow truck, and other commercial drivers who get behind the wheel under the influence of alcohol or drugs face a serious predicament if they are charged.

For commercial drivers, the loss of a CDL and potential jail time represents the loss of their livelihoods. If you have been arrested for DUI, please call the Law Office of Michael West today at (404) 913-1529.

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BAC readings mean little to most drivers. They are more interested in the question of how many drinks it takes to reach the legal limit in Georgia.

This is not a straightforward question because different people’s bodies react differently to alcohol. Police look for drivers who are impaired and pose a danger to others on the roads of Georgia. The best rule of thumb is don’t take the chance. Abstain from drinking any alcohol if you are going to drive. Appoint a designated driver or call an Uber or a Lyft driver.

According to Ignition Interlock Help, a drink unit comprises one 12 fluid ounce drink of beer, one 5 fl. oz. glass of wine, or a single 1.5 fl. oz. shot of liquor. Generally, it takes about three alcoholic drinks an hour for a woman to reach the 0.08 BAC and about four drinks an hour for men to reach the DUI limit.

People drinking alcohol should not rely on these guidelines. It’s now possible to obtain increasingly strong beer at the many breweries that have sprung up in Georgia and elsewhere.

The number of drinks it takes to reach the legal limit in Georgia depends on the following factors:

• The weight of the person;
• Body fat percentage;
• The length of time between drinks;
• The amount of food you have consumed:
• The body’s functional tolerance to alcohol;
• Any medications you are taking.

You should always err on the side of caution when drinking alcohol. The guidelines suggest a person who weighs about 100 lbs., will reach the limit of 0.08 after just one drink. A person who weighs 160 lbs. might pass a breath test after three servings.  If you have had three servings in rapid succession, you are likely to be over the legal drunk driving limit in Georgia.

Avoid taking the chance. Drinking and driving is like playing Russian roulette on the roads of Georgia. You may pass a test but you should be aware that Breathalyzers are not always reliable. Georgia has some of the stiffest sentences for drunk driving in the country.

If you have been charged with a DUI in Georgia, please call the Law Office of Michael West today at (404) 913-1529.

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One of the biggest mistakes you can make after a DUI charge is to admit your guilt to get the process over with fast. We know DUIs are stressful and can ruin your life and your career. It’s understandable to want to put this trauma behind you. However, not fighting a charge is seldom the right course. It’s unlikely to help you get on with your life. Defendants who admit their guilt may ignore police errors and improper procedures that could clear them.

DUI mistakes in Georgia often relate to how police perform the breath test itself.

When a police officer or a state trooper suspects a driver of drunk driving, he or she will usually perform a breath test. The test measures your blood/alcohol level (BAC). In Georgia, you will be charged with DUI if your BAC is 0.08 percent or above. This is the standard across the United States. The federal government pressurized states to accept this limit or to lose federal funds.

Drivers under the age of 21 face a DUI charge if their BAC is as low as of 0.02 because it is illegal to drink alcohol under 21.

Alcohol enters the bloodstream quickly. The alcohol is exhaled on the drivers’ breath. Police officers use this reading to make a case against you.

Unfortunately, Breathalyzer tests can be inaccurate. The breath test measures a ‘deep lung’ air sample. When the driver blows into the machine’s mouthpiece, the breath starts a chemical reaction that measures BAC.

Common DUI Mistakes in Georgia

Defense lawyers often challenge the accuracy of Breathalyzer readings. Like any other machine, the Breathalyzer may not function properly because of human or machine errors.

In some cases, software glitches occur on Breathalyzers that produce a false reading. Often police departments fail to calibrate their machines properly meaning they will give inaccurate readings. They may fail to supply working batteries or do not store the machines in correct conditions.

Some Breathalyzers are simply faulty. We have seen considerable evidence of defective and unreliable breath machines marketed by companies.

On other occasions, police officers make mistakes by failing to conduct tests correctly. Even a properly calibrated Breathalyzer with no defects can give an incorrect reading if police fail to carry out correct procedures.

Police officers must be adequately trained to use and interpret the results from Breathalyzer readings.  However, untrained or poorly trained officers may end up carrying out roadside breath tests.

Police must also monitor and observe a DUI suspect for a 15-minute interval to make sure he or she does not smoke, drink anything, regurgitate or belch. The test should be restarted if this happens. However, police officers are often in stressful situations and fail to follow the rules.

Some medical conditions can skew a breath test reading. They include GERD (gastroesophageal reflux disease). If you suffer from GERD, acid can rise into your esophagus and mouth giving a false positive reading.

Other products like mouthwash that contains alcohol, food trapped in teeth, and even dentures can influence a breath test.

Field sobriety tests are notoriously inaccurate. However, they can be used to help make a case against suspects.

If a police officer charges you with DUI, you should contact a Newnan-based lawyer as soon as possible. Call the Law Office of Michael West at (404) 913-1529.

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Georgia was identified as one of the most no-nonsense DUI states in a recent survey in WalletHub.

Researchers looked at the drunk driving laws and the consequences of driving impaired in 50 states and Washington, D.C. The team used 15 key metrics such as minimum jail times for a first and second conviction, vehicle impound rates, and mandatory alcohol assessment. The research team considered criminal penalties and prevention policies.

Georgia was highlighted as one of the strictest DUI states. It was the second harshest in the nation. Arizona took the top spot. Georgia has an uncompromising approach to drunk driving. Offenders may be jailed for 10 days for a first conviction and 90 days for a second. DUI offenders also face the suspension of their driver’s licenses for 360 days, the highest of all U.S. states.

The Peach State is also known for its rigorous DUI enforcement. This includes sobriety checkpoints, no refusal policies for search warrants for intoxication tests, and child endangerment programs.

Many people who drink alcohol and drive in Georgia are unaware of the harshness of the rules in the state. While the potential sentence for a first offense is harsh, second-time offenders face a minimum sentence of 72 hours of jail time and fines of at least $10,000.

A third DUI will land an offender in jail for at least 15 days if the offenses occur within a 10-year period. A fourth DUI in a decade is a felony DUI. Offenders face an absolute minimum of 90 days in jail or state prison.

WalletHub found repeat drunk driving offenders spend an average of nearly three weeks more in jail than first-time offenders. Almost 90 percent of U.S. states require drunk driving offenders to equip their vehicles with ignition interlock devices after a DUI. Mandatory participation in alcohol-abuse treatment and assessment program is required after a DUI conviction in 37 states.

At the Law Office of Michael West, we represent people charged with drunk driving. People charged with DUI in Georgia are often unaware of their rights. It’s important to hire an experienced Georgia criminal defense lawyer as soon as possible after a DUI arrest. Call us at (404) 913-1529.

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According to the National Survey on Drug Use and Health (NSDUH), 11.8 million people drove while under the influence of illicit drugs in 2016. These illicit drugs include opioids, cocaine, and marijuana.

Drugged driving in Georgia is defined as being under the influence of any kind of drug. The tests cannot identify which drug was taken. It’s illegal for a driver to have any drugs in his or her systems.

This can be complicated. For instance, the THC (tetrahydrocannabinol), in marijuana can show up in a blood test for up to 30 days after taking the drug. It’s questionable whether the suspect is still driving under the influence of the drug a month later.

If you are suspected of driving under the influence of drugs, police may administer a drugged DUI test. This test involves the use of a small oral test stick that collects oral fluids from the tongue.

You may undergo a second test if results prove positive. The police send the results to the lab.

Police may also ask a drugged driving suspect to take a blood test if they believe he or she was driving under the influence of illicit or prescribed drugs.

Georgia’s Drugged Driving Laws Are Wide

Georgia’s drugged driving laws are very wide in their scope. Under Georgia law, you can be charged if you are driving under the influence of an illicit or a prescribed drug. The law states:

“A person shall not drive while under the influence of any drug to the extent that it is less safe for the person to drive; a person shall not drive under the influence of a combination of substances (i.e. drugs and alcohol) to the extent that it is less safe for the person to drive; a person cannot be under the influence of prescription drugs, even if a drug or drugs are prescribed legally.”

What are the Penalties for Drugged Driving in Georgia?

The lack of a specific limit means you can be charged if just small amounts of drugs are found in your system.

Penalties for a first-time DUI drug offender include at least 24 hours in jail, over $300 in fines, attending DUI school, a year of probation, and a clinical evaluation. This is a complicated offense. Your driver’s license may also be suspended.

Often defendants are not aware of their rights in drugged driving cases in Georgia. You should contact an experienced criminal defense lawyer as soon as possible at (404) 913-1529.

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A report in Insurance Journal noted the number of U.S. lawsuits brought against Monsanto, a company acquired last year by Germany’s Bayer, has jumped to about 8,000.

Bayer previously disclosed 5,200 such lawsuits were filed against Monsanto, which it acquired in a $63 billion deal completed in June 2018.

The company disclosed the figures after it was ordered to pay $289 million in damages to former school groundskeeper Dewayne “Lee” Johnson.in California for not warning him about the potential cancer risks of using the spray.

Johnson claimed he became terminally sick with non-Hodgkin lymphoma after using Roundup for over two years for a school district outside San Francisco. The case was expedited because Johnson was not expected to live long.

The jury in California concluded Roundup posed a “substantial danger” to Johnson. The jurors believed Monsanto knew or should have known about the potential risks the product posed.

The Roundup verdict is important to thousands of other people who claimed this popular weed killer has permanently damaged their health.

Although the case was greeted as a major victory for litigants in the case, a judge later decided the punitive damages the jury awarded to punish Monsanto were too high.  The judge told Johnson he could either accept $39 million in punitive damages ($78 million in total), or submit to a new trial on the punitive damages aspect.

The case against Roundup centers on the active ingredient glyphosate. This was classified as a probable human carcinogen in 2015 by the International Agency for Research on Cancer (IARC).

The IARC forms part of the World Health Organization. Johnson’s lawsuit leaned heavily on the study as well as evidence that Monsanto knew of the dangers of glyphosate but failed to act.

Roundup Verdict Raises Hopes in New Cases

More people who claim Roundup caused their cancers are slated for hearings in lawsuits against Monsanto this year.

Monsanto asked California Superior Court Judge Winifred Smith in Oakland to split a March trial by a California couple into two phases, Reuters reported.

The move is intended to limit evidence the plaintiffs in the litigation view as crucial to their cases.

If the move is successful, attorneys for Alva and Alberta Pilliod would be barred from introducing evidence that the company tried to influence regulators and manipulate public opinion.

The Pilliods’ case is due to go to trial on March 18. The couple in their 70s claim their regular use of Roundup from 1975 to 2011 caused them to develop non-Hodgkin lymphoma, a cancer of the lymph system.

Many products we use in the house and the yard may be hazardous to our health. However, big companies like Monsanto and Bayer habitually put profits before safety. Products such as talcum powder and birth control pills have been linked to cancer and other diseases.  If you or a family member has been harmed by a product call the Law Office of Michael West at (404) 913-1529

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Depositions are one of the most important tools a personal injury lawyer uses. They form part of the process known as discovery in which you can demand details of the other side’s case.

Parties to a car accident are subjected to an oral examination by the attorneys in the case. Depositions give lawyers an opportunity to ask probing questions to discover what really happened in a car accident or other personal injury case.

In Georgia, lawyers can conduct depositions at any time during the discovery time. This is the six-month period of time after the filing of an answer. Notice of a deposition must contain the following information:

• The time and the place;
• The names of the parties required to attend.

Depositions are a powerful tool for people who were involved in accidents. An attorney can compel a witness who would otherwise be unwilling to attend via the power of subpoena.

If you were involved in an accident, you should expect to be deposed by the insurance company. You will give a sworn statement with a court reporter in attendance.

A deposition hearing can take as long as four hours. Discovery in Georgia can be a lengthy process, dragging on for up to 10 months.

Depositions can uncover new evidence and help establish the strength of your Georgia personal injury case.

The roles of both depositions and mediation in a Georgia car accident lawsuit are important.

Mediation is increasingly being used in more complicated cases to help work out a settlement.

Depositions and Mediations Play an Important Role

A mediator may be called on once all of the medical records and relevant documents in the case have been obtained, a lawsuit has been filed, and a settlement package is submitted to the insurance company.

Mediation is a confidential, voluntary method of resolving your legal battle with the insurance company.

Rather than a judge or jury, a neutral third party acts as the mediator in the personal injury case. Retired judges often take mediations. It can reduce costs. However, if mediation is unsuccessful the case may end up in the courtroom if a settlement is not reached. Mediation is becoming an increasingly popular way of resolving lawsuits in Georgia.

Our Newnan personal injury lawyers will use all methods at our disposal to help get a favorable result in your case. No two cases are the same and every case will be considered on its merits. Please call us today at (404) 913-1529 if you have been injured in a car wreck.

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A Floyd County inmate lost his life on Dec. 26 in a garbage truck accident, Cartersville Patch reported.

The Georgia State Patrol launched an investigation after the accident on Church Street near Jones Street. Patch reported two inmates were riding on a city of Cartersville garbage truck as it backed down Church Street from Jones Street.

Georgia State Patrol reported the driver ran off the road while backing up and struck a utility pole on the right side.

A 43-year-old inmate ended up pinned between the truck and the pole. He suffered serious injuries and died later at Cartersville Medical Center.

The deceased inmate was later identified as Lester Robert Baker. Sadly, it appears the inmate was taking part in a program to help him transition to life after prison.

The Rome News-Tribune reported the Floyd County Prison inmate volunteered to take part in the sanitation detail in Cartersville “to help pick up all the post-Christmas garbage.”

Fatal Garbage Truck Accident in Georgia Highlights the Hazards

Prison warden Mike Long told the News-Tribune, Baker was transitioning into the prison’s work-release program. The program helps inmates successfully reenter society after serving time.

Garbage trucks pose dangers both to sanitation workers and other drivers and pedestrians on the streets. Last year, Safety and Health magazine reported on the occupational dangers of garbage and recycling collections.

It noted seven sanitation workers lost their lives in the first 10 days of 2018 alone.

Trash collectors had the fifth highest death rate among civilian occupations in 2016, according to the Bureau of Labor Statistics. Garbage workers face a fatality risk nearly 10 times higher than workers in all other U.S. industries.

As well as deaths and serious injuries, these workers suffer sprains, sprains, and overexertion injuries. They handle heavy loads, suffering back injuries, and may be exposed to dangerous chemicals and other substances in their line of work.

Many injuries and deaths occur when garbage workers ride in the wrong places. They should ride only in the vehicle’s cab or on steps specifically designed for riding on.

Even at low speeds, sanitation workers can suffer horrendous crush injuries. Truck drivers and operators face a hazardous job in Georgia.

If you have been hurt while working on a trash truck or in an accident with a garbage truck, please call the Law Office of Michael West at (404) 913-1529.

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A side-impact accident occurs when the front of an oncoming vehicle crashes into the side of another vehicle.

Although automakers have improved side-impact protection in their cars in recent years, there’s only so much they can do. The side of a car offers less protection to drivers and passengers than the front or the rear.

In a side-impact collision, the victim’s head often remains still as the body is pushed to the side. The sudden jarring motion frequently results in neck injuries.

Due to the limited protection offered by the sides of a vehicle, these crashes often involve “intrusion” as the front of a car, truck, or van pushes into the passenger compartment of another vehicle.

Occupants may suffer a direct hit. Areas like their abdomens, thighs, and pelvises are vulnerable in side-impact crashes. Spinal and head injuries are common. For this reason, T-bone crashes are more likely to be deadly than rear-enders.

Of course, any car, truck, or motorcycle accident in Georgia can be extremely serious for all parties involved and accidents associated with lower fatality rates like rear-enders and sideswipe accidents may still claim lives.

How Many Side-Impact Collisions Are Deadly?

Figures for 2017 published by the Insurance Institute for Highway Safety (IIHS) found side-impact accounted for 24 percent of passenger vehicle occupant deaths. Every year, about 8,500 people die in these wrecks.

More than half of all road deaths were attributable to head-on collisions, according to the IIHS.

This survey confirms side-impact collisions in Georgia are often very serious. For every death, many more people sustain major injuries.

Where Do Side-Impact Collisions Occur?

Side-impact collisions occur where vehicles meet each other at right angles. Unsurprisingly, almost three-quarters of T-bone accidents occur at intersections when a driver fails to stop at a stop sign or a red light.

A number of factors determine the seriousness of a side impact crash. They include:

• The speed of an approaching vehicle;
• The weight of the vehicle;
• Whether one of the vehicles intrudes into the other;
• The relative size of the vehicles involved in the crash;
• Safety features on the vehicles;
• The collision points;

The victims of side-impact collisions in Georgia often suffer serious injuries. If you or a family member has been hurt in a collision of this nature it’s important to recover as much as you can. Please contact the Law Office of Michael West today.

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