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Atlanta PD Crimestopper App |
 Anonymous Tipsters Become Hipsters
You’ve got to hand it to the Atlanta PD. Instead of complaining about citizens using smart phones to circumvent the law, they’ve created an app that lets the public help the law. Now available for your smart phone: TipSubmit Mobile, a free application for iPhone, iPod Touch and Android devices that allows users to send crime information to law enforcement while remaining anonymous. The app lets users submit video, pictures and even have 2-way communication with the police anonymously.
This could make my job harder. Currently, when I am cross-examining an officer about an anonymous tip that lead him to stop my client, the officer usually admits that he did not see the offending behavior himself—only the tipster did. With this new technology, the person contacting the police can send video and images too, which could collaborate the story. I look forward to seeing how this technology holds up in court.
To get your free app see http://www.crimestoppersatlanta.org/MobilePhoneApp-248.
Atlanta DUI Lawyers Clark & Towne
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 Is the HGN test really 96% accurate in determining a .10 BAC?
The NHTSA thinks so. They have studies showing experienced law enforcement officers are 96% accurate in determining a .10 BAC or more using the HGN test. But remember, field sobriety tests merely help an officer to make a decision to arrest or not arrest someone. They are not scientific and cannot be used in court to prove someone was intoxicated, just that in officer's opinion, the officer had reason to arrest the driver for being impaired by alcohol. Since no one has to take them, if you're ever in this position, ask the officer if these are voluntary, and then don't take them.
Can the results be challenged?
Of course! Many factors besides alcohol can cause nystagmus – lack of sleep, caffeine and cold remedies are just a few. Some of these factors exist in the overwhelming majority of DUI cases. A good DUI attorney knows what other factors cause nystagmus and cross-examines the arresting officer to see if these factors were present at the time of arrest.
In over 20 years of DUI trial experience, I’ve seen many officers who cannot pronounce “nystagmus,” or define what it is. I’ve yet to find one officer who can testify how alcohol travels through the body to cause this involuntary jerking of the eyes.
But don’t take my word for it, the NTSHA says:
"There are several issues that may affect the admissibility of HGN test results:
- Whether the HGN test is characterized as scientific or as simply an observation of a physical trait;
- If HGN is deemed scientific, whether it is reliable;
- Whether the law enforcement officer is properly trained to administer the HGN test;
- Whether the officer properly administered the test in the particular case; and
- The purpose for which the HGN test result will be used."
The bottom line is: don't take the HGN. If you do take it, don't panic. Field tests are not considered scientific and can't be used in court to prove a driver was intoxicated.
See part one of this article: Is the HGN test used in Atlanta?
Atlanta DUI Lawyers Clark & Towne
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Gwinnnett Police Win DUI Award |
 Gwinnett Police Named DUI Agency of the Year
Mothers Against Drunk Drivers (M.A.D.D.) awarded the Gwinnett County Police Department DUI Task Force the 2010 Statewide DUI Agency of the Year award. This award was presented to the DUI Task Force at the seventh annual Golden Shield Banquet in Atlanta. M.A.D.D. also recognized the individual efforts of the officers and awarded them with M.A.D.D. pins based on the number of DUI arrests they made the previous year.
The following officers were recognized: Corporal M.J. Blute, Corporal C.A. Deming, Officer A.M. Kingsley, Officer W.M. Rundles; Officer J.T.Tait; Officer M.K. Wyman, Officer S.C. Mycols, and Officer J.N. Cyphers.
That Gwinnett DUI task force is the best.
So, Gwinnett won the award for making the most Georgia DUI arrests in 2010. I always say, they have no quota, they have a contest, and they've proven me right, having just won the contest. Keep in mind what the article does not say: an arrest doesn't always result in a conviction. Many of those folks, admittedly, were probably guilty of DUI, but there is no way all of those arrests ended up as convictions.
Does your attorney fight for you? Are you looking for a champion? We don't just roll over on our clients; there are rare occasions when a guilty plea is the best solution, but more often than not, when we look for a legal defense, we find one.
Atlanta DUI Lawyers Clark & Towne
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Derek Lowe's DUI Analysis |
 Atlanta Braves Pitcher Derek Lowe was stopped Thursday night after he was spotted racing another car on an Atlanta street.
He was ultimately charged with DUI, reckless driving and improper lane change. From the information I’ve gathered from the short news article announcing the issue, here is my analysis of how Mr. Lowe could have handled this stop better and what penalties he faces.
Action 1: Lowe raced another car down an Atlanta street
Despite the fact I always think of the movie “Grease” when I hear about street racing, this is serious. The police do not tolerate racing, or any driving that looks to them like two or more drivers racing each another. If Derek Lowe was actually charged with racing, he’d be facing a $1000 fine and up to 12 months in jail. Reckless driving is also a misdemeanor charge with a fine of up to $1,000 and jail time up to one year.
Action 2: Lowe took the field sobriety tests
Field sobriety tests merely help an officer to make a decision to arrest or not arrest someone. They are not scientific and cannot be used in court to prove someone was intoxicated, just that in officer's opinion, the officer had reason to arrest the driver for being impaired by alcohol. Since no one has to take them, if you're ever in this position, ask the officer if these are voluntary, and then don't take them. I find it strange that Derek Lowe agreed to take the FSTs but refused the breath test.
Action 3: Lowe refused the breath test
Asking someone to take a breath test happens only after the person has been arrested for DUI. Under all other crime arrests, police read a Miranda warning before asking someone to give incriminating (hurtful, harmful) evidence. Miranda is never required when an officer asks someone to take a breath test. Since Derek Lowe was already on his way to jail for the night, he was probably smart to refuse the test. If he blew over the limit and the results were used to convict him of DUI, he would have been looking at jail for up to a year. As it is, no breath test mean no results to disprove in court. No breath test may mean no driver's license for a year, but perhaps the pitcher can hire a driver if he loses his license down the road.
Action 4: Press statement
Mr. Lowe’s press release is beautiful. There is nothing in his apology “I would like to apologize to my family, teammates, fans and the Braves organization for the attention arising from this matter” that gives the police any further information. His “this is a legal matter and I anticipate this case can promptly be resolved within the court system,” gives no excuses or details. Well done, Mr. Lowe.
Final thoughts
I find it amazing that there is no information about the other person who was racing. After all, it takes at least two cars to race. What happened to this driver? We have no details or know if the other participant will face charges similar to Derek Lowe’s.
Atlanta DUI Lawyers Clark & Towne
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David Clark's book "101 Ways to Beat a Marijuana Charge in Georgia" is a comprehensive guide to getting out of a marijuana charge in Georgia. Mr. Clark, a former Judge, provides inside tips from his 22 years of experience as one of Georgia's top criminal defense lawyers defending pot smokers. All proceeds benefit Georgia NORML.
Jessica Towne's FREE book "How to Choose a Georgia DUI Lawyer" guides you through choosing an attorney. A criminal defense and trial lawyer for over 22 years, Ms. Towne shows you how to cut through the talk and find the best qualified attorney for your case.
a summer camp to teach teens accident avoidance skills using a course is designed and taught by P.O.S.T. Certified Police Academy Instructors. Camp runs June 13-19 at Grayson High School.