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    28.11.11
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    101 Ways to Beat a Marijuana Charge in GeorgiaDavid 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.

    how to choose a Georgia DUI lawyer bookJessica 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.

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Atlanta DUI Blog
Is the HGN test used in Atlanta?
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hgnWhat is Nystagmus?

Nystagmus is the involuntary jerking of the eye. In most people, the eye moves smoothly, like a marble. When you have nystagmus, your eyes shake.

How does alcohol affect your eyes?

Alcohol depresses your central nervous system which results in poor motor coordination, sluggish reflexes, and emotional instability. The part of the nervous system that controls hand movements also controls eye movements. People with alcohol in their systems cannot hold their eyes steady. This can be seen in a HGN test.

How is the Horizontal Gaze Nystagmus test performed?

In theory “the HGN test is very easy to administer.” First, an officer makes sure he can see a driver's eyes clearly. Then, after making sure the driver isn’t wear glasses or contacts, an officer asks if the driver has any medical impairments that could affect the results. He will note the excuse but give the test anyway. When he is ready to perform the test, the officer holds an object like a pen or a penlight 12”-15” from the driver’s face and “slightly higher than eye level” (is that precise enough for a scientific test?). First the officer see if both the drivers eyes can follow the pen, then checks for pupil sizes. Finally, it is time to check each eye. Quoting from the National Highway Traffic Safety Administration (NHTSA):

  • LACK OF SMOOTH PURSUIT - The officer moves the object slowly but steadily from the center of the subject's face towards the left ear. The left eye should smoothly follow the object, but if the eye exhibits nystagmus, the officer notes the clue. The officer then checks the right eye.
  • DISTINCT NYSTAGMUS AT MAXIMUM DEVIATION - Starting again from the center of the suspect's face, the officer moves the object toward the left ear, bringing the eye as far over as possible, and holds the object there for four seconds. The officer notes the clue if there is a distinct and sustained nystagmus at this point. The officer holds the object at maximum deviation for at least four seconds to ensure that quick movement of the object did not possibly cause the nystagmus.44 The officer then checks the right eye. This is also referred to as "end-point" nystagmus.
  • ANGLE OF ONSET OF NYSTAGMUS PRIOR TO FORTY-FIVE DEGREES - The officer moves the object at a speed that would take about four seconds for the object to reach the edge of the suspect's left shoulder. The officer notes this clue if the point or angle at which the eye begins to display nystagmus is before the object reaches forty-five degrees from the center of the suspect's face. The officer then moves the object towards the suspect's right shoulder. For safety reasons, law enforcement officers usually use no apparatus to estimate the forty-five degree angle. Generally, forty-five degrees from center is at the point where the object is in front of the tip of the subject's shoulder.

Next blog we’ll talk about how accurate the HGN test, other things that cause nystagmus and how HGN test results can be challenged.

See part two of this article: is the HGN accurate?

Atlanta DUI Lawyers Clark & Towne

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How to keep points off license
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Can overpaying your speeding fine keep points off your driver’s license?

ticket_being_writtenI’ve gotten the same chain email several times this year that claims over paying your speeding ticket fine prevents points from being added to your driver’s license. The theory is that because it is illegal for the Georgia DMV to accept extra money for a fine, they must refund you the extra money. Then, if you don’t cash your refund check, the case is never closed and the ticket never reported. I checked with my all time favorite web myth busting site, snopes.com to see if it was true. Nope, they say, this can’t possibly happen.

They list several reasons why this won’t work, but my favorite is that this email has been going around for so many years now that all the dmvs in the English speaking world have caught on and have changed their systems. I just love that idea that the Brits, Aussies, Yankees (even Southern Yankees) and the rest of the freed colonies are all trying to buy their way out of the system.

Until you find another sure system, you’ll just have to pay your fine like everyone else!

related articles:

Driving on a suspended license

How does Georgia DDS suspend a license?

I didn't get my Atlanta license back! Help!

How do I get my Georgia license back?

What's the big deal about driving on a suspended license?

How to lose your driver's license before you are 21

Atlanta DUI Lawyers Clark & Towne

We're on the big three social networking sites and now You Tube too!
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Facebook: companies.to/clarktowne/
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Rusty Humphries Interviews David Clark About Georgia Marijuna Laws
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David Clark wishes everyone in Metro Atlanta a Happy 420 Day!

marijuana_leafDave wrote the book "101 Ways to Beat a Marijuana Charge in Georgia" last year when he was the Executive Director of Georgia NORML, the Georgia chapter of the national organization.  He spoke with radio personality Rusty Humphries (640 West, The Talk of Atlanta) this afternoon about why the US and Georgia should legalize marijuana. You can listen to the interview here.

Interview highlights:

  • Mostly, the pot heads who get arrested are pretty harmless.

  • The penalties for smoking a joint (under an ounce) in Georgia is a misdemeanor, $1,000 max fine, 12 months max jail.

    • But the fine you pay and the time you spend in jail really depends on the jurisdiction. For instance, in his experience, Dave finds that Fulton County is fairly lenient and South Georgia the harshest. In Fulton County, you'll see misdemeanor pot charges for first time offenders changed to disorderly conduct, but in South Georgia the same situation will get the defendant maximum penalties.

  • Georgia NORML believes responsible pot smokers, who don't bother anyone, don't smoke around kids, and create no second hand smoke, should be within the law.

  • Dave even tells Rusty where you can buy pot in the area. Which I think really shocked him. You need to listen to this!

Atlanta DUI Lawyers Clark & Towne

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David Clark spoke with local radio personality Rusty Humphries in honor of this important day. He got to plug his awesome book 101 ways.

My heart goes out to folks who get arrested for small amounts of mj.

Seems we are spending a lot of money

Mostly, the pot heads who get arrested are pretty harmless.

The penalties for smoking a j in GA  under an ounce is a misdoe, 1,000 max 12 months. Depends on jurisdictions are more lientant: such as fulton co. South GA harshest. MJ changed to disorderly conduct, or use first offentder, but in South GA 1,000 for it,

 

Isn’t the law the law? Yes, that is why NORML is trying to change things. Responsibel pot smokers should be within the law. Dave suggests: under 1 oz a month a la medical mj. An oz is personal use.

Not bothering, no kids, no second hand smoker should be left alone.

Interview agrees with med mj laws, between you and yr dr. Doesn’t like the whole coffee shop idea.

You should be albe to get it at a pharm like anyother drug. Dave agrees, might be a lot of correucption in Co and CA. MJ 3rd most pop rec drug in America. 

 

Why make it easier for people start with mj? It is already easy. Well, alcolol fuels so many issues. Rusty feels it takes away drive, and Dave says that is a generalization. Beer isn’t totally great but we regulate and taz them. MJ should be regularized as well and control the distribute of it and keep it out of the nands of the kids. Get rid of the black market.

Adults who use things reasonably and with consideation of others should be left alone. We certainly know the dif between a beer drinker v a drunk driver.

People smoke to get high. People don’t drink a glass of wine with dinner to get smashed. Dave says that isn’t control. Some smokers regulate their intake, its not like one puff and you’re stoned. Unlike alcohol where you think you can do anyting, when you smoke, you are high.

 

And remember, if you are a smoker, you need Dave’s book. All proceeds go to GA Norml, not our pockets.
 
Does my dismissed case stay on my record?
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Why is My dismissed case on my record?

gaflagYou might think that once you are found NOT GUILTY that that is it: no one will ever know of your case again. That is not true. Your case stays on your record—that is, the record that is maintained by Georgia Crime Information Center (GCIC). This is true even if your case was dismissed, dead docketed, or a nolle prosequi was entered.

Can I get my case expunged?

In certain circumstances you can get your record expunged.  If, for instance if your record is inaccurate, incomplete, or misleading, you can seek expunction, modification, or supplementation of your record. Getting an arrest expunged in Atlanta or anywhere in the state of Georgia can be tricky and is only available in limited circumstances—and a DUI arrest is NOT one of those circumstances.

Related articles

Who will see my DUI arrest

How to get a copy of your own criminal record

Does using First Offender get a conviction off your record?

A DUI comes off my record in 5  years, right?

Atlanta DUI Lawyers Clark & Towne

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DUI on a bike-- could it happen in Atlanta?
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Can you be charged with DUI for riding a bike in Atlanta?

A man was arrested in Pennsylvania the other day for riding a bicycle under the influence with a BAC of 0.30! Wow, that is a seriously high BAC. I know riding a bike when you are that intoxicated has got to be dangerous, but so is just walking at this level.

In Georgia, this would not happen as a DUI. Fortunately in Atlanta and all the other cities in our state, one needs to be using a motorized vehicle to get a DUI arrest. This does include obscures vehicles like riding lawn mowers (although if you prop yourself on a push mower, that might get you into trouble, too) and golf carts.

Had this happened in Georgia, the bicyclist would probably have been charged with Pedestrian Under the Influence, but more likely Public Drunk or Disorderly Conduct.

Atlanta DUI Lawyers Clark & Towne

We're on the big three social networking sites and now You Tube too! 
Twitter: twitter.com/jessicatowne
Facebook: companies.to/clarktowne/
LinkedIn:  www.linkedin.com/in/clarktowne
You Tube: http://www.youtube.com/user/ClarkTowneAttorneys
 
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