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In Gwinnett County, anyone who has been arrested for DUI for a second, third or fourth time can volunteer to join a program called “DUI Court.” In other Georgia counties, drivers facing their second or more DUI, DUI Court may be mandatory. Many people find the whole concept of DUI Court confusing and I’m often asked what it is all about.
Generally speaking, a judge may sentence a person to “participate” in DUI Court as a condition of probation. To join the DUI Court program, a driver must first enter a guilty plea to DUI and at least one other offense, such as speeding. DUI Court programs focus on rehabilitation rather than jail time. In exchange for participation, drivers are initially given less jail time and credit for hours spent in court as community service.
DUI Court attempts to help people conquer their alcohol or other drug problem by mandating a substance abuse treatment, attendance in 12-step meetings, random alcohol and drug tests, and biweekly court appearances where a judge reviews how each person’s individualized treatment plan is progressing.
If a participate fails to meet any requirements of the DUI Court program, the judge can issue immediate sanctions, such as additional community service, jail time or both. If the participant has multiple infractions, he may even have his probation revoked. Essentially, DUI Court forces a participant to get and stay sober, or face even more penalties. The program costs about $3,000 and takes 18-36 months to complete.
The DUI charge is never dismissed, even with successful completion of the DUI Court program. For some people, DUI Court is a life-changer. For many others, the set backs are very difficult to endure.
Atlanta DUI Lawyers Clark & Towne
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Gwinnett Co. Traffic Citation Amnesty |
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If you have an outstanding traffic citation in Gwinnett County Recorder's Court issued as far back as 1983, you have from March 1 to 31, 2011, to settle your case without additional penalty. Fines may be paid at Recorder's Court located in Lawrenceville weekdays from 8:00am to 4:30pm. Bring a copy of the citation or citation numbers, if possible, and be prepared to present your ID.
During the amnesty period:
• the $25 bench warrant fee is waived
• the bench warrant is recalled
• and forms are provided for reinstating driver's license
Call 770-822-8815 to find out the amount of your citation, your citation number and whether it requires you to see a Judge or not.
If you have an outstanding case and do not take advantage of the amnesty program, the bench warrant will remain active and you will be subject to arrest.
For details, visit www.gwinnettcourts.com. |
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Are women worse at driving stoned? |
 Marijuana study targets women
There have been many marijuana studies investigating the effects the drug has on driving, but most of these studies were done back in the '70s when mj was less potent. Few of these studies looked at its effect on female drivers. Recently, a group of researchers examined these issues specifically with a new study that looks at the effects of today's marijuana on women drivers. They hypothesized "that driving impairment following marijuana use may be a sex-specific vulnerability."
You might remember from high school science that any good scientific study starts with a hypothesis which the researcher proves or disproves with an experiment. In this experiment, the researchers took a "large" number of occasional users of both sexes – 50 males and 35 females and disproved their hypothesis.
Yes, they concluded NO "differences attributable to sex." Not only that,they found the drivers in their study who were under the influence of mj drove no differently than sober people under regular driving conditions or when under accident-avoiding conditions. No difference. Under distracted driving conditions, the marijuana users did slow down some.
You can read the full article for yourself here: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3033009/ and draw your own conclusions about this drug.
Georgia & medical marijuana laws
Are illegal drugs treated differently than alcohol DUIs?
Are women worse at driving stoned?
Are you safe to drive with any amount of drug?
We're better off with stoners on the road
We're Atlanta DUI Lawyers Clark & Towne
Find out more about our firm
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Just about everyone is having a field day commenting on a former MADD chapter president's DUI arrest in Gainsville, Florida. "Oh, the irony!" they chortle. Not me. I don't think anyone's DUI arrest is funny in the least. I do have plenty of bones to pick with MADD, mostly about how they have changed from a group who strove to keep drunk people from driving into a gigantic lobbying/special interest group bent on making it illegal for anyone to drive after looking cross-eyed at a beer. However, one person's bad decision, no matter how ironic, is not something to make fun of.
One of the articles about her arrest mentioned she told the arresting officer that she had drunk 4 beers. For women, that is definitely going to put you over the legal limit (which MADD lobbying helped set nation-wide). But I couldn't help but reflect on a study I recently came across that discussed why women can't drink as much as men: apparently, women produce less of a particular stomach enzyme, that has been found to break down alcohol, than men. In this study, women were found to reach the same levels of blood alcohol as men after drinking only half as much. With weight differences taken into account, they found that women reached BAC levels illegal in a DUI case after drinking 20 to 30 percent less alcohol than men. It's not just our petite size, we really can't handle alcohol the same as men.
So ladies (even ladies who think you will never need this advice because you belong to MADD) remember: you can't drink 4 beers and then drive. Although frankly, I find it hard to believe anyone could blow a .239 on just 4 beers...
Atlanta DUI Lawyers Clark & Towne
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DUI cases involve automobiles, and the law has long held that the police have the right to search an automobile without a warrant if they have probable cause to believe that either weapons or drugs may be found inside. Upon walking up to your car, the police are allowed to shine a flashlight inside and look around, ostensibly for "officer safety." This is not considered a "search" because by rolling down your window you are offering the officer the opportunity to observe things in "plain view" inside your car. If you have passengers, the officer is permitted to order them out of the car if he feels it is necessary for officer's safety. If you are pulled over in a "high crime area" or under circumstances where the officer reasonably believes that you may have a weapon or that you pose a threat to his safety, he may be permitted to pat you down under the justification of officer safety.
YOU ARE NEVER REQUIRED TO GIVE YOUR CONSENT TO SEARCH.
The police often ask for your consent to search the car even if there is no probable cause to believe there are drugs or weapons in the car. This is because the police believe that traffic stops often involve people who are criminals. The fact is, if the police gain your consent to search your car, they have the right to search everything in the car, including closed containers, until they are satisfied or you tell them to stop searching.
In the context of a DUI, a driver is often placed under arrest at the scene and once arrested, the police have the right to search the driver's car and person as "incident to the arrest."
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.