Georgia Drivers ranked 14th Worst Nationwide

According to a recent survey of car insurance companies, Georgia is the 14^th “Worst Driver’s State”. This was based on statistics from the National Highway Traffic Administration, the National Motorist Association and Mothers Against Drunk Driving. 

The calculations of “worst driving states” were based on ratings of Fatalities rates, Failure to Obey (traffic signals and seat belts), Drunk Driving, Tickets and Careless Driving (aka Reckless Driving in Georgia). Why is this important?  In addition to considering your personal driving record, insurance companies use this data to determine your rates. 

While you can’t do much about the driving habits of your fellow motorists (as my mother used to tell me “it’s not you I’m worried about, it’s the other drivers”), you can make sure your own record is as clean as possible. If you have open cases, hire an experienced traffic attorney to make sure your rights and record are protected. If you already have convictions for traffic violations, you can take a driver’s safety course once every five years to reduce the points assessed on your driving record by up to 7 points.  This could mean the difference between a higher and lower insurance premium and/or a driver’s license teetering on the point of being suspended.

Or you could do nothing and enjoy the fact that MARTA has a surplus of funds and will be opening new restrooms and extending service routes.

It’s not easy being green.

Today my wife and I decided to go green and bought an electric car. As I was filling out the paperwork, and learning about how and where to charge the car, it reminded me of a recent news story. An Atlanta area man who owns an electric car was using a public school outlet to charge his vehicle while he waited for his son to finish his tennis lessons. Someone reported the suspicious activity and the police arrived and questioned the car owner. He admitted to using the outlet and became belligerent, insisting that it was an accepted practice. 

That's where it all went downhill. Had he just apologized or said he wasn't aware that it was an issue, we wouldn't be reading this story, but of course that wasn't the result. The car owner got upset that he was being questioned about the use of the electricity, was uncooperative and even insulted the officer by making cracks about his dirty car. And as a result, he was arrested for stealing what the article indicated as "pennies" worth of electricity.

Time and time again, it's not necessarily the crime itself that leads to an arrest; it’s the attitude and reaction of the accused. What could have been a warning or a small fine led to 14 1/2 hours in jail for this individual. I have always told clients and colleagues, the police officer is just doing his job, mouth off at your own risk.

If you’re arrested for any reason, hire a good criminal defense lawyer. 

How Could the Police Charge me with two DUIs for one incident?

I’ve been asked many times how it’s possible to have been charged for more than one DUI for the same incident. What most people don’t realize is that in Georgia, there are many types of DUI that you could be found guilty of.

DUI Less Safe (alcohol) - This is the one of the primary charges given. DUI Less Safe (Alcohol) simply means that the State believes you drove less safely than someone who did not have alcohol in their system.

DUI Per Se (alcohol)- After your arrest for DUI, if you submitted to a blood, breath or urine test that showed your Blood Alcohol Content (BAC) was at or above .08 (the legal limit), you’ll be charged with DUI Per Se (alcohol).  This basically means that because it’s inherently illegal (or illegal per se) to drive with a BAC of .08 or more.

DUI Less Safe (drugs) - Just like DUI Less Safe (alcohol) the State believes your driving was less safe due to (legal or illegal) drugs (other than marijuana, which has its own charge) being in your system.

DUI (drugs) - After arrest, if you took a blood test that determined drugs (other than marijuana) were in your system while driving, you’ll be charged with DUI (drugs)

DUI Less Safe Drug and Alcohol- This is the charge if State believes you were under the influence of drugs (other than marijuana) and alcohol which caused you to drive less safe than you would’ve otherwise.

DUI Alcohol and Drug Per Se- If you tested positive for both alcohol and drugs (other than marijuana) after arrest, you’d be charged with DUI Alcohol and Drug Per Se

DUI Marijuana less safe- The State believes you were under the influence of marijuana causing you to drive less safe than without the marijuana in your system.

DUI Marijuana- This is the charge if you tested positive for Marijuana.

DUI Inhalants- This charge applies if the State believes that the use of toxic vapors before driving caused you to drive less safe.

DUI Child Endangerment - If you are found to be transporting children 14 years or younger in your car while under the influence of alcohol or drugs, you can be charged with this separate offense. This one is especially harmful because unlike the other charges that can possibly be merged into one another (i.e. if you’re charged with both less safe and per se, you might only be convicted of the per se charge) DUI Child Endangerment will have separate penalties and be listed as a separate conviction on your driving record.

Regardless of the type of DUI you are charged with, you need a competent, experienced attorney to analyze your case and provide the best defense possible. It could mean the difference between a conviction and a dismissal or not guilty.

And it’s usually Criminal Defense attorneys who get a bad rap!

Recently, a Fulton County District Attorney won a case against an alleged child abuser.  Child abuse is one of the most heartbreaking things to hear about and justice being served is great news. 

However, there’s a twist, as it has been discovered that the prosecutor withheld evidence from the defense. The prosecutor failed to disclose that the victim recanted his testimony a week before trial. The prosecutor should have informed the defense attorney as soon as possible, but chose not to, and as a result the defendant was found guilty and sentenced to 25 years.

This is unacceptable legal practice and puts us all in a bad light. I understand there is a drive to win every case and hard decisions have to be made, but the prosecutor here made the wrong decision, which ultimately could have ruined a possibly innocent man’s life. A Fulton county Judge has ordered that the case be retried. 

Is the defendant guilty? What made the victim recant his testimony? We may never know, because regardless of the outcome of the new trial, there will remain a question of guilt.

This is a prime example of why lawyers have a bad reputation.  There are guidelines for Professional Responsibility that attorneys are held to and we must be held to the highest standard of integrity.  Honesty is not just the best policy, but also the law, and if telling the truth means the loss of a case, so be it.   

To schedule a FREE CONSULTATION with an honest attorney, call us at 678-609-8724 or contact us online today.

What happens if a creditor sues me?

Debt is a tricky thing – as easy as it is to rack it up, getting out of it can prove to be an uphill battle. At some point, once the nasty collection letters and phone calls have not been successful, the creditor’s next step is to file a law suit in civil court to get their money back.  

If this happens to you, here’s what to expect. A summons will be sent to you from the court indicating that you have been sued and you will have 30-45 days to respond to the summons. You will have to answer the summons by either explaining why you’re running behind, writing an explanation as to why you don’t owe the debt, or stating that the debt amount is not correct. If you don’t answer the summons by the time it’s due, the court will automatically judge in favor of the creditor, which is called a default judgment.

A default judgment basically says that since you didn’t respond to the court summons, you are in effect admitting to responsibility for the debt and the creditor can now go after your assets to get their money. They can get a court order to liquidate your bank account or garnish your wages until the debt is satisfied.

If you do answer the summons, you’ll likely be scheduled for a court date. Generally on this day, the judge will order you and the creditor to meet with a mediator to work out an agreement to satisfy the debt. If you are financially able to work something out, that’s ideal. Otherwise, if you are unable or unwilling to work out a deal with the creditor, the case goes forward and unless you can prove otherwise, you’ll be liable for the debt, plus whatever court fees and legal fees are included.

But there are alternatives to going through the court process. Creditors will likely be willing to work with you even after the collection letters and phone calls haven’t worked. You should hire an experienced debt settlement attorney to work out a settlement that could help you avoid a judgment on your credit record and costly court and legal fee.

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