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Operating A Car While Intoxicated Isnít The Only Time To Call A Drunk Driving Attorney

Jan 22, 2016 -- 12:37pm

On the face of it, that seems like a simple question. Obviously, if you’re in need of a drunk driving attorney, you were caught driving a car while drunk, right? Wrong. While you must appear to be under the influence to be charged with a DUI in Georgia, you don’t have to be driving a car.

Here’s the truth: according to Georgia law, it’s illegal to operate “any moving vehicle” while under the influence of drugs or alcohol. This means that you could be pulled over for driving a golf cart while impaired, or riding a bicycle. Or, as a Conyers man recently learned, a motorized wheelchair.

According to an incident report filed by Conyers police, they were called to a Kroger store on Georgia 138 after an SUV hit a Rascal 300 scooter, ridden by Danny Wayne Mitchell, 48. When they got there, they found Mitchell disheveled, “backing into the building and over plants” in the motorized wheelchair.

Mitchell freely admitted to an officer that he was under the influence of several substances, stating that he’d taken Valium and the anti-depressant trazadone, along with a pint of alcohol. He said he’d been at the grocery store Friday to fill a prescription.

He added, “I was out of medication, so I had me a drink.”

After he submitted to a breathalyzer test, Mitchell was taken to the hospital, and his wheelchair was secured at the Conyers Police Department. We’re not sure who he hired as his drunk driving attorney, but we hope he found a good one. Georgia law is tough on DUI offenders, and without the help of a good drunk driving attorney, the consequences can be harsh.

Caught Drunk “Driving”? Attorney Ray Giudice Is Ready To Represent

 

If you are charged with a DUI, it’s important to fight it with every resource available, which means finding the best drunk driving attorney available, someone with recent trial experience, and the knowledge to competently represent you in court. With three decades of experience defending people charged with every type of DUI, Atlanta DUI attorney Raymond Giudice is a highly skilled professional who will do whatever it takes to achieve the best possible results for you.

Whether you were driving a car, a bus, or a riding lawnmower is irrelevant. When you’re facing DUI charges, you need the best possible help, and you can get it by calling Raymond Giudice, the DUI lawyer Atlanta trusts. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.

RAY GIUDICE  

Attorney at Law

Cell: 404-964-4185

Office: 404-554-8800

E-mail: ray@rayglaw.com 

Website: http://www.raygiudicelaw.com 

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Nighthawks Task Force Impacts Sandy Springs DUI

Jan 14, 2016 -- 10:50am

In Sandy Springs, DUI charges are serious business. For the past several, facing DUI charges have been even more probable because a Georgia DUI focused task force got a boost at the end of last year. In December 2014, theNighthawks DUI Task Force benefited from a grant of almost $2.37 million from the Governor’s Office of Highway Safety.

The grant, a traffic safety Highway Enforcement of Aggressive Traffic, or H.E.A.T. grant, was awarded to the Georgia State Patrol. This funding was meant to promote the primary goals of H.E.A.T., which are to reduce impaired driving crashes and excessive speeding, while increasing safety belt usage and educating the public about traffic safety. It’s only natural, then, that part of the grant would benefit the GSP Nighthawks.

The Nighthawks DUI Task Force was created in 2004, along with the ALS, or automatic license suspension program, which trains Georgia state troopers to be able to better testify at a hearing when a driver contests automatic license suspension due to DUI. In a way, combining ALS training with the implantation of the DUI task force was a one-two punch, well aimed at those driving under the influence.

The Nighthawks Task Force consists of three teams of Georgia state troopers who are specially trained in impaired driving enforcement. They began their patrols of Fulton, Cobb, Clayton, DeKalb, and Gwinnett counties in 2004, expanding the program into the Savannah-Statesboro area in 2009, and into Macon and Columbus in 2012. There is also a Nighthawk patrol in the Athens-Clarke County area. This focused effort to target DUI offenders is aimed at reducing the number of fatal crashes that occur each year due to impaired drivers, which comprise about a third of all traffic deaths.

This particular grant ended at the end of September of this year, but it doesn’t mean the Nighthawks will lose their funding. These grants spring from funding allocated annually to the Georgia Office of Highway Safety from National Highway Traffic Safety Administration (NHTSA). Given the strict nature of Georgia’s DUI policies, it’s unlikely that measures to stop impaired driving will be defunded.

Facing Sandy Springs DUI Charges? Contact DUI Attorney Ray Giudice

 

What does this mean for you? Don’t drive under the influence. If you do find yourself facing Sandy Springs DUI charges, though, make sure you choose as your ally a DUI attorney who is experienced and understands the law. The state of Georgia puts time, energy, and funding into enforcing DUI laws. Shouldn’t you be armed with the best help possible when fighting these charges?

When fighting a DUI, you need an experienced DUI attorney with recent trial experience and the knowledge to competently represent you in court. With three decades of experience defending people charged with every type of DUI, Atlanta DUI attorney Raymond Giudice is a highly skilled professional who will is fully capable of achieving the best possible results for you.

Whether you’re facing a Sandy Springs DUI, or looking at DUI charges in another area of metro Atlanta, you can get the best possible help by calling Raymond Giudice—the DUI lawyer Atlanta trusts. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.

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Can You Be Too Drunk To Consent To Atlanta DUI Testing?

Jan 08, 2016 -- 9:32am

If you’ve ever faced Atlanta DUI charges, you know that Georgia law is extremely hard on drunk drivers. Loss of driving privileges, heavy fines, jail time, and a permanent stain on your reputation are all consequences you face if you drive under the influence in Georgia. However, a recent ruling by the Georgia Supreme Court has created a legal loophole that you may not believe: drivers are arguing that they were too drunk to consent to DUI testing.

Does this seem implausible? It’s an issue of consent. If a driver is too impaired to legally give his or her consent to voluntary breath, blood, or urine tests, the result of these tests can be suppressed in court. The driver can go to court and plead not guilty, knowing that the prosecution’s best evidence will not be admissible.

The implications of this are far reaching, with arguments filed in Atlanta DUI cases in several different counties, and the ruling is sure to have an impact on every DUI case in the future. The logic behind this is that consent must be intelligently given, and the person must understand to what he or she is consenting. A person who is intoxicated does not have the mental facility to consent to a blood alcohol test, so any consent given is not considered legal. If it all sounds absurd, consider this: prosecutors are now put in the position of arguing in court that defendants were not really very drunk.

Atlanta DUI Expert Ray Giudice

 

It all comes down to one simple truth: if you’re facing an Atlanta DUI, you need to fight it by any means necessary, using every resource available. That means finding an experienced DUI attorney, with recent trial experience, and the knowledge to competently represent you in court. With three decades of experience defending people charged with every type of DUI, Atlanta DUI attorney Raymond Giudice is a highly skilled professional who will do whatever it takes to achieve the best possible results for you.

No matter where you’re facing Georgia DUI charges, you can get the best possible help by calling Raymond Giudice, the DUI lawyer Atlanta trusts. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.

RAY GIUDICE  

Attorney at Law

Cell: 404-964-4185

Office: 404-554-8800

E-mail: ray@rayglaw.com 

Website: http://www.raygiudicelaw.com 

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Can I Get A DUI Dismissed?

Dec 29, 2015 -- 11:21am

If you’ve been charged with a DUI in Georgia, you’re probably well aware that you’re facing serious consequences. But is it possible to get a DUI dismissed? A Georgia DUI conviction can never be expunged from your record, but if your case is dismissed, you may be able to have the charge completely erased. What’s your best bet to get a DUI dismissed?

The best way to get a DUI dismissed is to call in a professional. Georgia DUI attorneys know the law, and they know why a DUI might not be valid. Maybe there was no probable cause for your arrest, or maybe the officer didn’t follow the correct protocols. Georgia DUI law is complicated, and if it’s not followed to the letter, your attorney may be able to get a DUI dismissed for you.

Once it’s dismissed, the DUI is off your record, right? Not exactly. You have to apply for a records restriction in order to keep it from appearing on your criminal record. This is another reason that it makes sense to hire a competent Georgia DUI lawyer: you probably don’t know all the ends and outs of getting the best results.

In the best scenario for your case, you’re able to get a DUI dismissed. It’s important, however, to find an attorney who doesn’t promise to make that happen, but simply to do his very best to achieve the most favorable outcome possible for you. You need a DUI lawyer who will fight for your rights, strategizing to win your case, but also coming up with a backup plan to minimize any penalty you may face.

It’s Important To Try To Get A DUI Dismissed: Call Attorney Ray Giudice

 

Atlanta-based DUI defense attorney Raymond Giudice can be a formidable ally, and he will use his three decades of experience defending people charged with every type of DUI to help you fight the charges against you. When you need to hire an expert who will aggressively fight to protect your rights and freedom, and do whatever it takes to achieve the best possible results for you, call the DUI lawyer Atlanta residents trust—Raymond Giudice. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.

RAY GIUDICE 

Attorney at Law

Cell: 404-964-4185

Office: 404-554-8800

E-mail: ray@rayglaw.com

Website: http://www.raygiudicelaw.com

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In The OCGA, DUI Has No Legal Limit

Dec 16, 2015 -- 10:34am

 

Looking for a clear definition to explain the term “OCGA DUI”? If you ask most legal experts in Georgia, they will probably tell you that according to the Official Code of Georgia Annotated, or OCGA, DUI charges can only be leveled against someone driving with a blood alcohol content of .08 or higher. In truth, this is not the case; there is actually no legal limit in Georgia.

Does this fly in the face of what you’ve always believed about Georgia DUI charges? It’s true that Georgia’s legal blood alcohol content (BAC) limit is .08%, and that’s where the confusion lies. If an officer believes that a driver’s ability to operate a motor vehicle has been compromised by alcohol consumption, under OCGA, DUI charges can be levied without proof of a .08 BAC. Instead, in what’s called a DUI “less safe” charge, you can be accused based on things like bloodshot eyes, slurred speech, and the results of field sobriety tests.

An Experienced Attorney Explains OCGA, DUI Charges, And Your Rights

 

The good news? A good Georgia DUI lawyer can help you fight a DUI “less safe” charge. If there’s another reason for physical manifestation of signs of drunkenness, like allergies or blood sugar issues, your DUI attorney can use that to challenge the charges. By reviewing the videotape evidence, your Georgia DUI attorney can ascertain whether the tests were administered correctly, and if not, may be able to use the discrepancies to fight your case.

In fact, there are several ways a lawyer can build a case to fight a DUI charge in the OCGA DUI less safe category. This is why you need an experienced attorney, who can determine facts like whether the officer had probable cause to pull you over. A good Georgia DUI lawyer knows the ins and outs of the law, and will make every effort to get you the best possible result for your case.

Atlanta-based attorney Raymond Giudice is a powerful ally for someone charged with a DUI, using his three decades of experience defending people charged with every type of DUI to help you fight the charges against you. When you need to hire an expert who will aggressively fight to protect your rights and freedom, and do whatever it takes to achieve the best possible results for you, call the DUI lawyer Atlanta residents trust—Raymond Giudice. Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.

RAY GIUDICE  

Attorney at Law

Cell: 404-964-4185

Office: 404-554-8800

E-mail: ray@rayglaw.com 

Website: http://www.raygiudicelaw.com 

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Have You Been Charged With An Open Container Violation?

Dec 07, 2015 -- 11:04am

It’s easier than you might think to be accused of an open container violation. Maybe you’re taking an already opened bottle of wine with you to a friend’s house, or home from a picnic. Or perhaps you aren’t aware of the rules about open containers, and you allowed a passenger in your car to have an alcoholic beverage while you were driving. In most cases, an open container in Georgia simply adds two points to your license, which isn’t a big deal, unless you accumulate 15 or more points in the span of 2 years. If your open container violation came along with a DUI charge, however, you could be in serious trouble.

Georgia prohibits open containers in the passenger area of any vehicle that is on a public highway, and did you know the rule also applies if you’re pulled to the shoulder of a public highway? This is the type of detail you should know to avoid accidentally breaking the law. If you’re charged with a DUI, violation of the open container law makes the state’s case against you stronger, so it’s important to avoid such a violation at all costs.

Here are some facts to know about Georgia’s open container law:

  • The open container law doesn’t apply to passengers in a taxi cab, limousine, or bus. In addition, it doesn’t apply to the residential areas of a motor home or house trailer.

  • An exception is made for partially consumed wine purchased from a restaurant. The caveat here is that the restaurant must securely reseal the bottle before it’s removed from the restaurant, and give the purchaser a receipt. The bottle must be carried in a locked glove compartment or trunk, or the area behind the last row of seats in a vehicle without a trunk.
  • The open container law prohibits not only consumption, but also possession of any open alcoholic beverage container in any part of a vehicle that’s easily accessible. This includes containers in an unlocked glove compartment, and encompasses beer, wine, and distilled spirits containing one half of one percent or more of alcohol by volume.
  • Penalties are very strict for underage drinkers. For those under the age of 21, possessing an open container while operating a vehicle can result in a license suspension for 120 days. Even if the minor wasn’t driving, but was in possession of an open container, he or she can still be charged with “Minor in Possession,” which can bring with it jail time and a permanent criminal record.

Open Container Violation Expert Attorney Ray Giudice

 

If you’re facing the consequences of an open container violation in conjunction with a DUI charge, it’s time to call for help. You need to find the right DUI lawyer, who will aggressively fight to protect your rights and freedom, and who has both the necessary knowledge and expertise to competently represent you in court, and recent jury experience. Atlanta based Raymond Giudice has three decades of experience defending people charged with every type of DUI, and will do whatever it takes to achieve the best possible results for you.

Don’t face DUI and open container charges alone; call Raymond Giudice, the DUI lawyer Atlanta trusts.Contact our office (404) 554-8800, or call Ray on his cell (404) 964-4185, to schedule an appointment for a free consultation. Our phones are answered 24 hours a day, seven days a week.

RAY GIUDICE  

Attorney at Law

Cell: 404-964-4185

Office: 404-554-8800

E-mail: ray@rayglaw.com 

Website: http://www.raygiudicelaw.com 

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