Are roadblocks legal in Georgia?

With New Year’s Eve tomorrow, there will surely be an increase in roadblocks or “safety checkpoints” on Georgia’s roads.  Quite a few citations and arrests can and will occur as a direct result of these roadblocks, including DUIs, warrants, and other traffic violations. 

Recently, I was asked if it is legal to be stopped at a roadblock.  Georgia Courts have held that there are four factors that need to be satisfied to be a legitimate roadblock.

1.    The decision to have a roadblock has to have been made by a supervisor.  A regular traffic officer or trooper cannot decide just to start stopping everyone on the road whenever he or she feels like it. 

2.    All vehicles must be stopped.  This prevents profiling or singling out any particular group or type of vehicle.

3.    The delay must be minimal.  Keep in mind that you personally believe is minimal is irrelevant; it’s what the judge believes to be minimal.

4.    The roadblock must be easily identifiable as a roadblock to passersby. Usually there will be traffic cones, flashing lights and signs indicative of a roadblock.

Now, whether you believe that the roadblock you are in line for is legal or not, it’s in your best interest to comply with the officers. Leaving a lane to avoid a roadblock or backing up or making a u-turn in sight of an officer conducting a roadblock will only raise officer’s suspicions that you may have something to hide, thus eliminating having to prove the roadblock was valid in the first place.

Avoiding a roadblock because you believe it was illegal will not be a defense in court. However, a competent, experienced defense attorney may be able to show that the roadblock was illegal, based on the facts involved in the case and the reasons for the roadblock and could help have evidence gathered against you thrown out.

If you’ve been charged after being pulled over in a roadblock, call us at 678-609-8724 or contact us online to schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom.

What should I do if I get stopped for DUI in Georgia?

Anytime you drive after drinking alcohol or using any type of drugs (legally prescribed or otherwise), the most obvious and biggest risks are of injuring or killing your passengers, other drivers or yourself.   When in doubt, PLEASE do not drive, but rather, designate a sober driver, call a cab, call a friend or take advantage of a service like Uber.  

In addition to these huge and irreversible risks, when you drink and drive, you run the risk of being stopped for DUI, regardless of how well you handle yourself or how little you drink/use drugs.   

Here are 4 basic rules to remember if you do get pulled over.

1.    BE POLITE- The officer is just doing his or her job.

2.    DO NOT volunteer any more information than what you are asked.  If the officer asks if you have been drinking, give a one word answer – yes or no (be honest!).   Don’t volunteer how much or what you’ve been drinking.  If they ask how much, tell them the number of drinks, but NOT what you’ve been drinking.

3.    Remember the Field Sobriety Tests are VOLUNTARY

4.    The Breath/Blood/Urine Test is VOLUNTARY

From the point you are stopped to the point you are put in jail (and yes, you’ll likely go to jail if there’s an odor of alcohol on your breath), the police officer is gathering evidence against you.  He or she is paying attention to what you say, how you behave, and your performance on field tests or the breath/blood/urine tests. The State is required to convict you based on evidence, so the less evidence you provide, the more they will have to infer.  The less they have to work with, the harder it’ll be for them to convict you. 

The risk of losing your license for refusing the breath/blood/urine test may be the difference between a DUI conviction and a “not guilty.”  A good DUI Defense Attorney can show a judge or jury that there is not enough evidence to convict you, especially if you don’t give more evidence to the police at the time you are stopped.

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

What are the texting and driving laws in Georgia?

One of the newer laws getting a lot of attention these days is Driving While Distracted (DWD), sometimes known as the texting law. 

In Georgia, anyone under the age of 18 caught using a cell phone for any purpose (texting, making calls, surfing the internet, etc…) while driving can be charged with DWD and face a misdemeanor charge that will result in fine and loss of driving privileges.  If the driver using his/her cell phone is found to be at fault in an accident, there will be a definite license suspension for a minimum of 90 days.  This increases to a 6 month suspension for a second infraction.

Adults are not immune to this law either.  If caught texting while driving or causing another traffic infraction while using a cell phone or mobile device, drivers over 18 can also be charged with DWD.  This carries a fine, as well as points on their driving record.

 

The Law Offices of Brandon Rosenbloom encourages drivers of any age to refrain from driving and speaking or text on their cell phones, not just for their own safety but for the safety of everyone around them.

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.

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.

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.

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.