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Atlanta DUI Blog
Police Inventory Searches Are Unconstitutional

dontconsentlogoDavid Clark's new podcast is about the cops' latest trick to get around Arizona v Gant - instead of doing an "incident to arrest" search, they tow your car off and search it anyway, claiming to be protecting your property from theft. Take his advice and fight back.

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How to Choose a Georgia DUI Lawyer Part 3

I've just revised my book "How to Choose a Georgia DUI Lawyer" and its now ready for the second printing! In celebration, I thought I'd excerpt a few passages for this blog. Remember, if you'd like your own copy, just call (770) 338-2338 and I'll be happy to send you a copy.


Here is the third question you should ask a lawyer whom you are considering hiring: "Who in the office will actually be handling my case and what qualifications does this person have?"

"This is perhaps the most important question you must ask. Most people don't realize it, but the lawyer you speak with on the phone or in the office might not actually be the person who does the work on your case or be your lawyer at trial. When you demand to know who is going to be your lawyer, the response is often, "Our firm uses a team approach - all our lawyers discuss each case."  This is classic BS.  If you hear this, you should question, "Why does the attorney who is going to court feel inexperienced on specific issues dealing with my case? Why does he need the assistance of other lawyers from the firm?"

These firms who talk about their team approach will try to convince you everyone on the team is as good as the "hotshot partner." To use a sports analogy,  John Rocker and Bruce Chen were both teammates of Tom Glavine.  If you were a coach, would you be just as comfortable in centering your team around John Rocker and Bruce Chen or would you rather have Tom Glavine?

The issue is quite simple -do you want a lawyer who will treat you as a valued client or as a commodity? I  guarantee I will do all of the work on your case and will be the lawyer in court with you at trial."

 
How to Choose a Georgia DUI Lawyer Part 2

I've just revised my book "How to Choose a Georgia DUI Lawyer" and its now ready for the second printing! In celebration, I thought I'd excerpt a few passages for this blog. Remember, if you'd like your own copy, just call (770) 338-2338 and I'll be happy to send you a copy.


Here is the second question you should ask a lawyer whom you are considering hiring:
"How much experience do you have representing people who are charged with DUI?"

"You should leave the attorney's office confident you have spoken to someone who has real expertise and experience in DUI law.  DUI law is too complex to be trusted to someone who is not highly qualified in this field.  A lawyer who has been specializing in divorces for many years is experienced only as a divorce lawyer-not as a DUI lawyer.  You may believe seeing a lawyer listed on DUI lawyer directories, lawyer referral services, or in online or phone directories as a "DUI lawyer" indicates DUI experience, but this is not always true.  Lawyers with no direct experience whatsoever can be listed on these sites-they just need to write a check.  It is common for attorneys who have had their particular legal specialty slow down or dry up completely to try to develop a DUI practice to increase the firm's income.

I have been practicing law for over 19 years and I have been exclusively a trial lawyer for that entire time. I've handled thousands of  DUI and other traffic cases in my career.  I've seen the trouble inexperienced lawyers can cause their clients. That is why I wrote Part Two of this book '20 Ways Lawyers Who Are 'Asleep at the Wheel' of Your Georgia DUI Trial Can LOSE Winnable Cases!' This section gives you a glimpse at the complexity of DUI law. If your lawyer isn't experienced, he or she can easily lose a winnable case. "

In my next blog, I'll share with you another key question to ask any lawyer you are considering hiring.

 
How to Choose a Georgia DUI Lawyer

I've just revised my book "How to Choose a Georgia DUI Lawyer" and it's now ready for the second printing! In celebration, I thought I'd excerpt a few passages for this blog. Remember, if you'd like your own copy, just request it from my website and I'll be happy to send one to you.


"The most important thing to remember when speaking with a potential lawyer is not to be afraid to ask questions. The best and most qualified lawyers will welcome your questions because it shows you have done your homework. Keep in mind when you are interviewing an attorney that the attorney is also interviewing you to see if he or she wants to take your case. A good lawyer would rather represent a truly prepared client, a client who is committed to getting the best legal representation available.

The first question to ask the person who you might be hiring to represent you in court is: 'How many years have you been in practice?'

The answer will tell you much about the attorney's potential experience. Obviously a lawyer who has been in practice ten years has a great deal more experience than one who has only been practicing for three years. But sometimes a lawyer with less overall experience has a great deal of specialized experience."

We'll discuss this in detail in the next question and next blog.

 
Police Yourself
Every day, another state considers banning texting while driving.  While acknowledging these laws will be extremely difficult to enforce, our lawmakers still want these new laws on the books.

But what if we could police ourselves? Several companies are almost ready to release software straight to your smart phone that will disable its keypad when you are driving.  This is a lovely idea, but I doubt how useful it will be. Anyone who is civic-minded enough to download the software is probably already responsible enough to just not text while driving in the first place. I suppose it might be useful for parents to load it on their kids' phones, though.  One software company believes people won't use this type of software without some sort of incentive, so they've cut a deal with Nationwide Insurance to give drivers using the technology a small break on their insurance premiums.  Better, but this still sounds to me that it requires us all to be responsible drivers.

For those who just can't stand the idea of not responding to a text while they are driving, there is a voice recognition text option.  I think this is more realistic.  However, as I've warned before, unless people change their habits, or texting somehow changes to be less hands (or thumbs) on, we're going to start seeing this technology standard either on our new phones or on our new cars.  And the choice will no longer be yours.

 
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