Probable Cause for Georgia DUI Arrest?
Posted by Horlick Law Firm in GA DUI Law, Probable Cause on 07. Dec, 2009 | 0 Comments
What is Probable Cause?
Probable Cause is the reasonable belief that one has committed a crime.
REMEMBER: probable cause is subjective, and does not equal guilt.
If you have been arrested and charged with Driving Under the Influence (DUI) in any city or municipality of the State of Georgia, it is because the arresting officer believed he or she had probable cause to do so. Probable cause for arrest may be established in a number of ways.
Probable Cause for the Stop: If you are pulled over, A police officer MUST HAVE probable cause to stop your vehicle. If there was no probable cause for the stop, any observations, tests, or charges that stem from that unwarranted stop may be suppressed and a conviction for DUI cannot be established.
Probable Cause for DUI Arrest: Even if probable cause to stop your vehicle is established, there may not be probable cause to arrest for Driving Under the Influence.
Many times, a driver is pulled over for an alleged traffic violation (e.g., speeding, following too closely, failure to maintain lane, reckless driving, etc.), and as a result of the officer’s “observations” upon speaking with the driver, and interpretations of his or her responses and any field sobriety test results, he or she is arrested and charged with Driving Under the Influence.
REMEMBER: Even if an officer believes he or she has probable cause to to stop a vehicle for a traffic violation, that probable cause is separate from, and at most one factor in, the officer’s supposed probable cause to arrest a driver for Driving Under the Influence.
Also, The factors that may lead an officer to arrest a Georgia driver for DUI are very often insufficient to sustain a conviction for DUI. It is critical, then, that Georgia drivers understand their rights and the consequences of their decisions and responses when facing such serious suspicions.
If you have any questions about your rights or your case, please contact Horlick Law Firm immediately for a free case evaluation and consultation.
Georgia DUI Resources & Facts
Posted by Robert Horlick in Georgia DUI Facts, Resources on 06. Dec, 2009 | 0 Comments
Hopefully this website has provided you some clear information and understanding of the laws regarding Driving Under the Influence and the penalties for violating these laws, as they relate to you, your license, and your livelihood. Because a website is no substitute, and should never be, for the informed advice of an attorney, if you have any questions at all about your case, please contact Horlick Law Firm immediately to discuss it with a skilled attorney.
If you are looking for more general information about DUI or a general glossary of the terms discussed throughout this website, the website Freeadvice offers an incredibly comprehensive and informative collection of Georgia DUI Laws, Articles, Statutes and Links.
Freeadvice.com also offers these articles, which address some common questions about whether or not you “need” an attorney to handle your DUI case, possible effects of a DUI conviction on your insurance, what happens when you get stopped on suspicion of driving under the influence, and how a conviction for DUI can affect your record. While these articles are not specific to Georgia, and as such only an attorney licensed to practice in Georgia can give you the specific answers and advice you need, they offer an informative overview of the charge and its’ potential consequences.
Georgia DUI – 10-Day Rule – License Suspension
Posted by Robert Horlick in DUI License Suspension on 06. Dec, 2009 | 0 Comments
If you are charged with a DUI in Georgia, you face criminal penalties and license suspension, and you may only have days to act or you will lose your license -automatically. Contact a lawyer immediately to discuss your case and your options. (more…)
DUI – Questioning by Officer
Posted by Robert Horlick in DUI Tests, Questioning by Officer on 06. Dec, 2009 | 0 Comments
If you are involved in an accident or stopped by a police officer in the State of Georgia on suspicion of violation of some traffic offense, you will likely be asked a serious of investigative questions. You must be aware that, at all times, even before arrest and before suspicion that you may have violated any specific crimes, you have the right to remain silent under Georgia law.
You have the right not to incriminate yourself, and many times, answering what may seem to be harmless questions can do just that. When speaking to any law enforcement officers, keep in mind that anything you say can AND WILL be used against you.
You should assume your statements and actions are being recorded (most officers have video cameras running in their vehicles and audio microphones on their uniforms), and that these statements and actions WILL BE used against you in any prosecution.
You should assume that, from the second you are pulled over, and often before, the officer is looking for further evidence or probable cause that you have violated the law, whatever law it might be.
In most cases, whether or not it seems this way, you are already under suspicion when you are stopped. Be mindful that your encounter with the police begins unbalanced. The police are always looking for admissions, clues, and further indications that you have violated the law. Whenever you are stopped by the police, and for whatever reason, keep this in mind.
Be respectful and polite in your encounter, but remember that they are looking for evidence that you have committed a crime. They are free, and it is their job, to look, but you have no obligation to help them collect evidence against you.
Horlick Law Firm encourages you to respectfully decline to answer any questions that may incriminate you and immediately assert your desire to speak to your attorney. If you have any questions about being stopped and questioned by the police, please contact Horlick Law Firm immediately for a free consultation.
Georgia DUI – Under 21
Posted by Robert Horlick in DUI - Under 21, DUI - Under 21, DUI Consequences on 05. Dec, 2009 | 0 Comments
If you are under 21 years old and charged with Driving Under the Influence (DUI) in Georgia, because of Georgia’s “Zero Tolerance” laws, you face a different level of penalty than drivers 21 and over.
While most of the conditions imposed on drivers convicted of DUI in Georgia are the same, there are stricter consequences on the driving privileges of those under 21, and (as discussed here) the levels of blood alcohol concentration required to prove DUI for drivers under age 21 is much lower than that for drivers 21 and over.
For instance, if you are convicted of Driving Under the Influence and under 21 years old, your driver’s license will be suspended for at least six (6) months (if any trace of alcohol is found in your system), and for one (1) year if your BAC (discussed more thoroughly here) is 0.08 grams or more.
It is imperative, then, that you know your rights when driving in Georgia, and if you are pulled over, so that you can also know the potential consequences of your decisions. Georgia is very strict on drivers under age 21 charged with driving under the influence, and it is in your best interest to speak to an attorney immediately about how best to fight your case.
