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DUI ruling helps non-English speakers |
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What happens if you are pulled over by the police for a DUI and you don't happen to speak English? How do you know what is going on? How can you understand your rights? The New Jersey Supreme Court ruled last week that officers must inform drivers of the consequences of refusing a DUI test in a language the driver can understand. New Jersey is the only state that requires this right now, but the legal community believes other states will not be far behind. It's about time.
Translation services are available to all Georgia law enforcement officers via phone - in fact almost all departments use the same service and the officers are trained how to use it in the field. They simply put their phone on speaker and have the driver listen to the translation. The service can translate what the driver says back into English for the officer, too. I want to see it used every time it's needed. It can only help-both the driver and the officer-avoid misunderstandings, help a situation go more smoothly, offer up real communication.
I know a lot of people have a knee jerk reaction of "This is America, we speak English here!" but the fact is that over 33 million people living in America are foreign born-that's about the entire population of Canada - and not everyone is going to be fluent. In this day and age when a simple translation service is literally at an officer's finger tips, it must be used. |
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David Clark Fights for Medical Privacy Rights |
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Doctor-Patient confidentiality is something we all rely on. The problem is, it's not the law in Georgia.
If you go to the hospital after an allergic reaction to an illegal drug, or even someone else's prescribed Vicodin, you have a choice: tell the doctor what drug you took, and maybe go to jail, or keep that information to yourself and maybe die.
You see, police are allowed to get a search warrant for your private hospital records if they simply tell a part-time judge that they think you were DUI, or guilty of possessing a controlled substance.
Read the full text of David's op-ed piece that appears in the Atlanta Journal Constitution. |
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How to Handle a Georgia Speeding Ticket -- Without a Lawyer! |
I am frequently asked if I can help someone with a speeding ticket for driving 15+ mph above the speed limit. Most of the time, I turn down such requests unless there are special circumstances. Instead, I tell people how to handle the ticket themselves and save themselves hundreds of dollars and a great deal of time. This is what suggest:
1. Go to court yourself at the appointed day and time
2. When your case is called, you have a choice to either say "not guilty" or "I want to talk to the prosecutor."
3. After everyone's name has been called once, the judge will leave and everyone gets a chance to talk to the prosecutor.
The prosecutor does not want a trial on another day any more than you do. Ask her to drop the speed to below 14 miles over the limit so it's not reported to GA. If the prosecutor agrees, pay the fine and move on. If the prosecutor doesn't agree, explain your circumstances in more detail. If the prosecutor still won't budge, tell her you'd like to come back for trial-- at which point you'd probably need to hire a lawyer. Please note, even if the speed is reduced, the county still wants its money, so expect the fine to remain the same.
You can also hire an attorney and go to trial. But even a good attorney still may not win; an officer is allowed to make an "eyeball estimate" that you were driving above the speed limit, and then the judge can find you guilty of speeding. Of course, you can't win if you don't fight. However, a good attorney is an expensive proposition: $500 - $1,000 depending on the number of court appearances. You do not have to attend court the first time if you hire an attorney first; you'd only need to show up for trial.
This article contains general information only. It is not intended as legal advice. Every case is unique.
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Charles Bannister arrested for DUI |
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 I picked a fine week to join my family on vacation! Gwinnett County Commissioner Charles Bannister was arrested for DUI!
A "concerned citizen" noticed a county car parked outside a drinking establishment and notified the sheriff's department. Apparently, a deputy had nothing better to do that day but sit and watch the car for an hour before the driver came out and started driving away. According to the arrest report, the deputy noticed driving errors such as failing to maintain lane (cop-talk for weaving), which gave him U.S. Supreme Court permission to pull the car over.
Mr. Bannister failed the field sobriety tests, in the deputy's opinion, and the commissioner went off to jail. Dissatisfied with the 0.000 reading on the breath test at the jail (after all, the Commissioner admitted he had been drinking!), the deputy shackled the man and took him to Gwinnett Medical Center for a blood test. Had you or I suffered this, we'd still be waiting for the blood test result from the crime lab. Lucky for Mr. Bannister, the GBI stopped everything else and tested his blood: 0.000.
Why the big hub-bub? First those field tests on the side of the road are highly subjective. This means that if in the officer's opinion, you failed, then for all intents and purposes, you failed and you're going to jail. Mr. Bannister is apparently 71 years old. When the field tests were first developed by a psychologist, the recommendations were to use them on driver under age 55. Today, the "recommended" age limit is 65. Had the deputy followed his training, he never should have asked Mr. Bannister to take field tests because of his age.
The breath machine, while not perfect, can apparently tell when someone is okay to drive, if the operator is "listening." When law enforcement officer ask a driver "have you been drinking?" they really aren't interested in the answer because most drivers either deny it outright, or only admit to two or three drinks regardless of how many they've really had. I'm sure that deputy thought Mr. Bannister was lying to him.
Politics aside, I'm glad Mr. Bannister was not over the legal limit. I must take vacations to refresh my mind and body to do my best for my clients. I'm happy that Mr. Bannister found a zealous advocate while I was unable to assist him. |
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Do you text while driving? |
 It's been a week now--have your texting and driving habits changed? As of July 1, texting while driving in Georgia is illegal, as is using a cell phone while driving if you are under 18 and have a provisional license.
If you haven't changed your bad habits yet, don't worry; you have another month to wean yourself off your phone. Our state troopers will use this grace period to obtain extra training learning how to identify a driver who is texting and how to tell if a person talking on a cell phone in a passing car is, in fact, a teenager. With a provisional license. Heck, I'd like to know that myself. Even Governor Sonny Perdue wonders just how this law will be enforced.
No matter that distracted drivers are already held liable if they cause an accident or injury, this new law will allow Georgia to collect a $150 fine and add a point to the driver's license.
Because it will be so difficult for an officer to prove that you were texting, the law is in your favor if you get pulled and want to dispute the officer's accusation. Just don't, whatever you do, offer up your cell phone for the officer to check your call records. You don't have to do that, and as I've said before, don't say more than you have to at a traffic stop.
If you really can't stop yourself from texting while driving, I have a few suggestions. Texting while driving really is very dangerous.
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