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A Chattanooga woman has discovered a way to profit from other's misfortune and mistakes. Her publication, "Just Busted," lists the mug shot and charges for everyone who was arrested in the North Georgia area each week. No matter how large or small the crime, the magazine lists everyone. Now, mug shots and arrests are a matter of public record. It's hardly a new idea to publish this information; many communities publish mug shots in the local paper for those arrested for socially unacceptable crimes, such as DUI. But the papers don't directly profit from the listings and they don't publish every tiny arrest. "Just Busted" lists mug shots and crimes to sell in convenience stores for a dollar and for a profit.
The publishers believe "Just Busted" makes people think twice before committing a crime; after all , who wants their mug shot where everyone can see it? But I think it will cause people to think twice before they call the police for help, and that is the last thing we all want. |
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Roswell Police Institute DUI Quotas |
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The Atlanta Journal-Constitution reports that after the number of arrests for DUI fell slightly last year, the Roswell Police Department began requiring police working the night shift to make 25 DUI arrests a year or risk poor performance reviews and work reassignments.
This is terrible news for the average driver. As I prove nearly daily in court, arresting someone for DUI is based mainly on an officer's observations. Despite check lists and training, the arrest decision is incredibly subjective. An officer must determine if a driver meets many different criteria that may or may not indicate a driver has had too much to drink. Any number of things can indicate either intoxication or, frankly, someone just having a bad night: road side tests are poor measures of a person's blood alcohol level and don't hold up in court. Quotas encourage officers to make a DUI arrest in cases that are borderline in situations where there is evidence to the contrary, and even in situations where there is a good deal of doubt on the officer's part. This is unfair to drivers. A DUI arrest is a life altering event. It can ruin careers, hurt chances to enroll in school, embarrass upstanding citizens, and raise insurance rates. It takes time and resources to resolve.
There is one positive aspect to quotas: they make my job a little bit easier. I will immediately challenge every Roswell officer's testimony in court. Did the officer truly think the driver was intoxicated, or was the officer in fear of losing his or her job assignment? |
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What does this officer know that the average driver does not? A lot!
She knows:
- despite court rulings, someone being asked to take roadside sobriety tests does not have to be Mirandized (warned that the incriminating evidence will be used in court against him),
- the breath test machine is not reliable,
- you don't have to take field sobriety tests, even when asked to,
- whether someone "passes" or "fails" a sobriety test is solely in the mind of the trooper,
- when asked to take a breath test, she'd rather suffer a possible license suspension than loss of liberty (jail) after conviction of DUI.
What else did she know to do? Hire one of the best DUI defense attorneys she could find. No, not me, but an attorney who used to work for me.
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In Georgia, Does using First Offender get a conviction off my record? |
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Short Answer: NO!
Long Answer:
If a person completes his or her sentence successfully (i.e. completes probation with no violations and fulfills any other requirements the judge stipulates, such as paying fines and attending classes, ), the First Offender Act requires the Clerk of Court to stamp the person's file with the statement:
"Discharge filed completely exonerates the defendant of any criminal purpose and shall not affect any of his or her civil rights or liberties, except for registration requirements under the state sexual offender registry and except with regard to employment providing care for minor children or elderly persons; and the defendant shall not be considered to have a criminal conviction. O.C.G.A. 42-8-62."
Supposedly, a background check done for employment purposes will not turn up a First
Offender sentence. Anyone in the FBI, CIA, military or law enforcement will always see the complete history.
I don't think you should never use First Offender on a misdemeanor charge; you never know when you will be in the wrong place at the wrong time and need this for a felony charge.
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How should I dress for court |
My clients often ask me "How should I dress for court?" It's a very understandable question; court is a place that, as a lawyer, I'm quite familiar with and comfortable in. Most of my clients have never experienced a court room in person - all they know is what they see on the TV court shows. Those shows are terrible examples, for the most part, of how to dress and behave in court. This is my advice:
• Wear to court what you would wear if you only shopped from the Land's End catalog. Seriously, LandsEnd.com should be your style guide.
• If you don't wear a suit and tie every day, do not wear a suit and tie to court.
• Wear a shirt with sleeves and a collar; always wear dress pants or a long skirt.
• No one in court wants to see any of your stylish underwear; cover all of your tattoos.
• Remove all of your piercings before the judge sees you (small earrings are okay for women only).
In my next post, I'll discuss what to bring and how to act in court. |
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