Driving without insurance in Georgia

I have spoken to many drivers who were given citations for driving without insurance. Their response is often that they were driving someone else’s car and the owner of the vehicle didn’t tell them the car had no insurance.

Under Georgia Law, it is the responsibility of the driver of the vehicle, not the vehicle's owner, to carry insurance. Whether the driver knew or didn’t know that the car was insured doesn’t matter in the eyes of the court. This is important to know because driving without insurance is a misdemeanor that carries a license suspension as one of the penalties. This can be avoided with the help of an experienced traffic offense attorney who can negotiate with the prosecutor or find alternatives for you.

For more information about fighting a traffic ticket in the greater Atlanta area, visit our web site.  

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

Black Friday

It’s Thanksgiving night, the turkey has been carved, the mashed potatoes slathered with gravy, and the pumpkin pies sit cooling on the counter. But the actual hardcore planning taking place is not what other treats and side dishes to prepare, but a plan of attack later that night or early Friday morning for Black Friday sales. 

For as long as I can remember, members of my Dad’s side of the family banded together in small groups, with ads strewn around and talks of gathering provisions and timetables for each “must have” sale item.

According to a recent article in the Huffington Post, 1 in 4 holiday shoppers will participate in Black Friday sales and most will spend between $250-$1,500 during these sales, mostly on credit cards. According to the article, Black Friday Shoppers are 12% more likely to carry a balance of at least $3,000 on their credit cards.

During my time as a consumer bankruptcy attorney, credit card debt was a leading contributor for clients to come see me. Overspending on credit cards, coupled with life changes such as lay-offs, medical issues and other unanticipated problems led people to consider options to get out of the debt liability.

In 2005, the Federal Bankruptcy Code had a major overhaul, one point of which was to stop people from running up credit card debts with the intent to eliminate debts. Credit card companies now have the power to object to Chapter 7 and Chapter 13 filings if they can prove that the debtor ran up the credit card just prior to filing, which can lead to those debts not being discharged in your bankruptcy.

To avoid this credit debt bomb this holiday seasons-

• Use debit cards and cash when possible
• Set a realistic budget to pay off high credit card debts as quickly as possible
• Stay away from store credit cards and short term 0% credit card offers.  That 6-15 months goes quicker than you might think, and then you are stuck with high balances and high interest rates.

But, if you do run into high credit card debts that you know realistically that you will not be able to pay back over time then look towards debt settlement options. An experienced debt settlement attorney can negotiate with the credit card companies to lower your rates, lower your balance or settle for pennies on the dollar. 

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

Happy Holidays and be careful of the crazy Black Friday crowds. 

Why do I need a will?

During this holiday season, providing for your family and close loved ones is one of the greatest gifts you can give.  While it’s not exactly the most joyful thing to think about during the holidays, having a Last Will and Testament prepared is a wise investment that will allow you to plan for your family’s future once you’ve passed on.

In your Will, you can indicate not only who gets your personal assets, but also when, in what order and how they can receive it. As part of your Will, you will designate an Executor, who is someone you’d trust to handle your affairs once you’ve passed on. 

Having a Will is especially important for those with young children, so you can designate how to transfer guardianship of your children.  Additionally, the executor of your Will would manage your assets until the age you designate that you’d want your children to receive their inheritance. If you were to die intestate (without a Will), the state would determine how and where your assets would be divided, as well as who would become guardian over your children.

In the event that you die without any heirs whatsoever, and without a Will, then the state would be your heir and receive all of your assets.  Thus, even those without living family members (or family members they don’t want to have an interest in their estate) should have a Will to plainly show where they would like their assets to go, such as an alma mater, a church or a favorite charity.

An attorney who has experience preparing Wills can walk you through the process to make sure your Will is prepared properly and with the vision you provide for your family’s future.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

When is the speed limit not the speed limit?

This cold, windy and rainy weather brings to mind an unusual charge that I argued in my time as a Fulton County Prosecutor. Did you know that in Georgia, there is a speeding charge that you can be cited for even if you are going below the posted speed limit?

O.C.G.A §§40-6-180 TOO FAST FOR CONDITIONS-
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing. Consistently with the foregoing, every person shall drive at a reasonable and prudent speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching and traversing a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

So, if you are on the road in this blustery weather, be mindful of how fast you’re driving relative to the weather conditions. 

If you do get pulled over for “Too Fast for Conditions,” make sure to get a good lawyer to represent you. 

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

What is the Georgia DUI 10 day rule?

Most people don’t realize that when they are arrested in Georgia for DUI and refuse the Breathalyzer, blood or urine test, that their driver’s license is automatically suspended. In the flurry of arrest, bonding out and finding an attorney, some may also not realize a very important deadline, known as the 10 day rule. After being arrested for DUI, you have 10 business days to request an Administrative License Suspension (ALS) hearing. This hearing is your chance to be heard by an Administrative Law Judge as to whether you should be allowed to retain your driving privileges while you await your court hearing or plea date for the DUI charge. There’s a $150 fee to apply for this hearing, money well spent to save your driver’s license! 

Failure to have an ALS hearing will result in your driver’s license being automatically suspended on the 31^st day after your DUI arrest.  You won’t have a chance to get it back until your DUI case is resolved, which in some cases, depending on the jurisdiction, can take a year or more.

Make sure to hire an experienced lawyer on your side to represent you during your ALS hearing, negotiate with the police officer and make sure your rights are protected. For more information about protecting your driver’s license and DUI representation, visit our website.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

How serious is possession of marijuana in Georgia?

I was recently asked what the sentencing guidelines are for possession of less than an ounce of marijuana in Georgia. They are severe. The Georgia Statute states that possession of marijuana carries up to $1000 fine and up to 12 months in jail. In my time as a Fulton County prosecutor I never saw anyone do close to that amount of time, but the fines can be costly.

Additionally, a conviction for possession can lead to a loss of driving privileges up to a year even on the first conviction. Additional convictions will lead to higher fines and penalties. It will also be recorded on your criminal record, which can cause problems with employment, government assistance and military enlistment. 

For more information about fighting a marijuana charge in the greater Atlanta area, visit our website.   

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

Is working with a Debt Consolidation company the way to go?

"I’ve been thinking of working with a debt consolidation company to clean up my credit card debts."

STOP! As a former consumer bankruptcy attorney I can’t tell you how many clients I worked with who tried this route first. For the most part, debt consolidation companies are all hype and little success. What they do is collect money from you each month, take their fees off the top and your debts are hopefully given the rest. All the while, your debts continue to rise, your credit score continues to dwindle, and you are no better off than you were before you called the debt consolidation company in the first place.

A better alternative is to settle your debts one at a time either directly working with the creditor or working through an attorney who specializes in debt settlement. Now generally, these settlements are quicker and less costly to you as there is a lump sum offer made to the credit card companies.  A lawyer with debt settlement experience can work with the credit card companies to lower the original amount of the debt, lower the interest rate and get you out of the debt quickly, without resorting to bankruptcy or other solutions. People with one or two or even three high balances are better off settling those debts then going through the bankruptcy process, which can take more time and have longer lingering effects on your credit.

For more information about fighting a debt settlements in the greater Atlanta area, visit our website.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

Is paying traffic tickets online in Georgia a good idea?

This is a question I have been asked many times over and for the most part, my answer is a resounding “NO!” Yes, going to court is time consuming and inconvenient, but by paying the ticket online you are incurring costs you haven’t even considered for this “convenience”.

Most traffic violations in Georgia are assessed a point value that the DDS uses to determine whether to suspend your license. If you get too many points on your license, say goodbye to your car and hello to MARTA. Additionally, the fees that courts publish are static and non-negotiable. Paying online will also not allow you to plead Nolo Contendre, which is a plea option that in most cases will allow you to avoid points on your record. You can only use Nolo Contendre once every 5 years for each offense, but paying online does not allow for that option.

Along with the risk of losing your license for having too many points, your insurance can go up as well. This is another hidden cost of traffic tickets, as insurance premiums can rise significantly based on the violation.

While in the short run, it may seem overly time consuming to appear in court yourself or hire an experienced traffic attorney to represent you on “just a traffic ticket”, in the long run, you may be saving money, time, and your future driving privileges as well.

For more information about fighting a traffic ticket in the greater Atlanta area, visit our website.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.