What is the Georgia Breathalyzer test?

The Intoxilyzer 5000 is the machine that all Georgia Police Departments use in order to measure blood alcohol level after a DUI arrest. The machine measures the molecules of alcohol in your breath to determine what level of alcohol content you have in your bloodstream. If it measures .08 or above, you will be charged Driving Under The Influence of Alcohol Per Se (DUI Per Se). 

Is the Intoxilyzer 5000 infallible? No! There are many reasons that a Breathalyzer machine such as the  Intoxilyzer 5000 can give a false reading including:

1. Errors in the computer code 
2. Human operator errors 
3. Failure to maintain the equipment properly 
4. Medical conditions that may lead to a false positive.

There are many other examples, and an experienced DUI attorney can review your case and determine whether your test was given correctly and the levels read are proper.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

What happens if I complete all my probation requirements before the end of my sentence?

Recently, I was asked what the term “Suspended Probation” means. Generally, the sentencing for any type of criminal action includes some type of probation.  Typically, probation requirements include some combination of drug tests, reporting in to a probation officer, classes, community service or payment of fines.  Sometimes, judges will allow defendants to go on “Suspended Probation” once they have completed all sentencing requirements. Suspended Probation means that the case is considered closed and the defendant is no longer required to complete any probation related responsibilities.  

There’s another option that the judge can order if all terms of probation have been completed.  This is known as “Non-Reporting” probation. Like Suspended Probation, the defendant would not have to continue probation fees or reporting in, but rather than closing the case, the defendant would technically remain on probation, and as such, if probation terms were violated in any way, the court could require additional jail time or other punishments. 

Keep in mind, there is no guarantee that the court will allow either of these options. Depending on the type of crime, the defendant’s history and other factors, the court may order that the defendant remain on probation for the entire sentence, without any fee or reporting suspensions. 

If you are facing criminal charges, don’t go it alone! Contact an experienced criminal attorney to make sure your rights are protected and provide you with the legal advice you need.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

Don’t let a DUI ruin your 4th of July

Last Fourth of July, my family and I attended a fireworks show at a nearby park. On the way out, a police officer was standing in the middle of the two lanes and stopped people as they were leaving the park. I watched as he stopped each car, spoke to the driver for a few seconds, looked through the open window, and then sent the driver on his merry way. And each time he would then use his radio to speak to someone.

When my turn came up, the officer told me he was “just making sure that everyone knew how to get back on the main roads.”  Right!  Based on my experience as a DUI prosecutor and defense attorney, I knew that the officer was actually doing a check to see if anyone who passed his station had the tell-tale signs of intoxication:

1.       Smell of Alcohol coming from their person

2.       Glassy, watery eyes

3.       Slurred speech

…And then radioing his partner down the road to keep an eye on certain vehicles.

This 4^th of July remember, the police are out there in full force to make sure that DUIs and other crimes do not spoil everyone’s holiday. If you choose to drink this weekend, take care, get a designated driver and protect yourself and your loved ones.  Remember, even one or two drinks can lead to a DUI arrest. If something does happen this weekend, contact an experienced criminal attorney to make sure the rights your founding fathers created are protected.

HAPPY INDEPENDENCE DAY FROM THE LAW OFFICES OF BRANDON ROSENBLOOM!

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

What is Pre-Trial Intervention?

Also referred to as Diversion programs, Pre-Trial Intervention programs are alternative forms of sentencing, such as classes, completion of community service hours and defensive driving programs.  Sometimes, Prosecutors and Courts in Georgia will allow someone with minimal or no criminal record to complete Pre-Trial Intervention programs in exchange for dismissing criminal charges.

Not all counties or courts allow for Pre-Trial programs. In fact, some smaller municipalities do not have such programs because of budgetary issues. If you think you might qualify for a Pre-Trial Intervention program, it is very important to consult an experienced attorney in your area, to determine if the municipality you were cited in offers these programs. There also may be an opportunity to complete a Diversion program if your attorney moves your case to the State or Superior Court instead of handling your case in the local city system. 

In my experience, these programs need to be negotiated for, as not all courts advertise that they have these programs available.  Hiring a criminal defense lawyer who knows where these programs are available is a key step to protecting your record and your future.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.

Should I plea guilty to get my case over with?

Recently, I defended someone accused of possession of marijuana. Before he hired me, he had been planning to enter a plea of guilty to the charge just to “get it over with”. Boy was he glad he changed his mind!

What he didn’t know was that the police had no admissible evidence to prove his crime. The police report indicated they found marijuana in a car he was sitting in. The police never entered the alleged marijuana into evidence, and never sent it to a lab to be tested to prove it was marijuana. 

No evidence means no crime.

DO NOT JUST PLEA to be done with a case. The burden to prove that a crime occurred and that you are guilty of said crime is on the State, not you. Speak to an experienced criminal defense attorney before you make what could be a life changing decision… just to get it over with.

 Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.