You Don't Have to be convicted to lose your job

A week or so ago I posted an article about a Doraville cop who was arrested for DUI. Well, he has just lost his job. No, he hasn't gone to trial.  In some professions, just having a charge--not being convicted-- is enough to get you fired. Some colleges are like that too; a charge is all they need to kick you out. So don't get that charge!

Atlanta DUI Lawyers Clark & Towne

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Not using an experienced Atlanta DUI attorney can really hurt you

Lawyers who don't specialize in DUI don't know all the many defenses that can be used in a DUI case. Here are seveal defenses that are commonly missed by inexperienced Atlanta attorneys:

Not Challenging Stops

The arresting officer must follow certain rules when stopping a car.

Many lawyers FAIL to verify if all the rules were followed.

1. Failure to question arresting officer’s "reasonable suspicion" for the stop.

The United States Supreme Court says an officer must have a reasonable suspicion of a criminal or traffic offense to stop a vehicle. If the officer did not have a reasonable suspicion, the DUI charge must be dismissed. Not all lawyers keep up with valid stop reasons and can get caught not paying attention. For instance, a once-common reason for a stop used to be “weaving within the lane.” This has been determined not to be illegal, yet is a defense a poorly prepared lawyer may not know.

2. Failure to question if the basis for the stop is listed in National Highway Traffic Safety Administration (NHTSA) police training materials as an indicator for an impaired driver.

Many lawyers miss this issue because they have not taken classes on detecting and stopping DUI drivers. These readily available classes are taught by former law enforcement officers and are the exact same classes taught at the state and local police academies. While there are several listed “cues” that account for a greater probability a driver is impaired, the reason a particular driver was stopped may not be on this list.

3. Failure to question arresting officer’s use of “Changing lanes without a signal” as the basis for the stop.

Many lawyers believe changing lanes without signaling is a traffic violation in and of itself. Well, in Georgia, this is not true. A driver is only required to signal if there is other traffic nearby. Most DUIs occur very late at night when the police cruiser is the only other vehicle around.

4. Failure to question an anonymous citizen’s tip of drunk driving as the basis of the stop.

Now that just about everyone has a cell phone, more and more suspected drunk drivers are being pulled over based on a 911 call from a citizen. Georgia law requires an officer to obtain “sufficient corroborating evidence” from a caller such as who the caller is and why he thinks someone is driving while intoxicated, before stopping a vehicle. Then, the officer must personally see the weaving himself, or the stop may be invalid and the DUI dismissed.

Atlanta DUI Lawyers Clark & Towne

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Have you heard?

Gwinnett parents just don’t know about the course—that is the only reason my friend Gordon Fox and I can think of why theres so few people from Gwinnett attending the driving course he teaches.

Gordon has been training teens how to drive defensively for nearly 10 years. He is an instructor with the nonprofit Fear This, Inc. whose web address is FearThis4Life.org. Check out the site and sign your teen and yourself up for a driving course modeled after the same course police officers take and which is taught by certified police instructors. Once you and your teen have been through the training, you will both be much safer on the road.

Gordon says, “We are getting a lot of referrals from the courts in Forsythe, Johns Creek, and Alpharetta” and wishes the Gwinnett Courts would refer more kids into his program. But, of course, he wants to see kids before the courts decide they need a course in safe driving.

Don’t wait to for your kid to have an accident. The cost is minimal, the courses are taught all over this part of Georgia, and are scheduled often. I’m sure you’ll find one near you.

Still not convinced? Jeff Foxworthy gives his endorsement:

“I have one daughter that has completed the "Fear This" training and will soon be taking my other daughter as soon as she gets her license. As a parent all you can do is prepare your children to the best of your ability and that is what "Fear This" is all about. They give these young drivers information and new found skills that could very well save their lives and those of others. They are courteous, competent and want nothing more than to prevent teenage driving tragedies. I would recommend them to anyone!”

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