Gwinnett traffic lawyer

How Relationships Can Win a DUI Case

When you are looking to hire a DUI lawyer, which is more important: the price the lawyer charges, or the experience and reputation the lawyer brings to the table?

There is a debate in legal circles as to how lawyers should charge. On one side is the old school billable hour crowd, which believes lawyers should charge by the hour. On the other side is a new group which believes a lawyer should charge based on his/her knowledge and experience.

A recent case illustrates why I am now leaning towards the second group. Throughout my 35 years of practice, I have accumulated a vast amount of knowledge not only about the law, but also knowledge about and relationships with certain courts, police departments, prosecutors, and judges. That knowledge and the relationships derived from practicing for 35 years is, in many ways, invaluable.

In this recent case, my client was charged with driving under the influence (DUI). Even the video showed his speech was slurred, he was slightly unsteady, and he exhibited the maximum clues on the HGN field sobriety test.  He also had supposedly run over a curb with his car.

At first glance, most lawyers would assume that it would be impossible to win a DUI case like this one.  However, the client had been involved in a serious injury accident several years ago, which left him with some head injuries and partial memory loss.  The client provided me with proof of his injuries sustained in the accident, as well as a letter from his lawyer indicating the evidence of permanent disability.

I first approached the officer and told him, in a nice way, of my concerns about whether the symptoms were the result of alcohol impairment or the result of injuries sustained by my client, and told him I would be talking to the prosecutor about reducing the charges. Then I spoke with the prosecutor, whom I have known for over 25 years, and eventually she agreed with me and reduced the charges.

Now, how valuable was it to my client that I had developed enough experience to consider other causes for this supposed DUI and established those relationships with the officer and prosecutor? Or that I had worked hard to develop a reputation with many prosecutors as someone who knows what they’re doing when it comes to DUI cases, so that if I discuss with these prosecutors that they have a problem with their traffic law case, they listen, research, and consider other possibilities?

Yes, my opinion is that experience, knowledge, and relationships are invaluable when it comes to DUI defense.

What is uninsured motorist insurance and why do you need it?

A recent local traffic law case brings to light the importance of understanding uninsured motorist insurance:

A man whose car was rear-ended in DeKalb County in 2009 recently lost his claim against his uninsured motorist carrier when the Supreme Court of Georgia determined he did not adequately prove he was eligible for coverage.

The high court unanimously reversed a narrowly divided Court of Appeals opinion on the question. The justices found that the burden of proof rested with the injured driver, rather than his uninsured motorist carrier, to show whether the at-fault driver in the wreck was technically uninsured.

What is uninsured motorist insurance and why do you need it?

Let’s say, for instance, that you are involved in an auto accident and you suffer serious injuries. You receive a broken leg, and with surgery and recovery, your medical bills are in excess of $50, 000. On top of that, you have lost wages and of course the pain and suffering that comes with the injury.

The driver who caused the accident has the minimum liability coverage in Georgia: $25,000. Obviously, that would not cover your damages. That’s where uninsured motorist insurance comes into play.

If you have uninsured motorist coverage on your auto insurance policy, and you can prove the driver at fault was either uninsured or underinsured, you can file for payment of the difference with your insurance company.

So, if your claim is for $100,000, and you have uninsured coverage of $100,000, you could apply the $25,000 from the other party’s insurance and claim the remaining $75,000 on your policy.

Uninsured motorist coverage is relatively inexpensive. Check your auto insurance policy today and make sure you have an amount you are comfortable with. Then, in the event of an accident, contact an experienced traffic attorney to help you takes the correct steps toward the best possible outcome.

Ask Mickey Roberts: What is the Definition of a Serious Injury?

If you are involved in an accident and charged with either Driving Under the Influence (DUI) or Reckless Driving, and because of that driving, you cause another person to suffer serious injury, you could be charged with a felony, punishable with imprisonment anywhere from 3 to 15 years.

Serious injury by vehicle is one of two types of DUI cases which can be a felony case, with the other being vehicular homicide.

What is the definition of a “serious injury?”  A serious injury is “when another is deprived of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.”

Here are some examples of Serious Injury by Vehicle from actual Georgia auto accident cases:

  1. Broken bone(s), even a little toe!
  2. Stitches
  3. Losing vision in an eye
  4. Losing hearing
  5. Contusion of the brain
  6. Leg injury which resulted in temporary use
  7. Facial lacerations
  8. Disfigurement from surgery

 

Anytime you are involved in an accident involving another person, and you are charged with DUI or reckless driving, it is IMPORTANT that you hire an experienced traffic lawyer immediately.  There are many things which must be done soon after the accident, like notifying your insurance company, finding out the extent of any possible injuries to the other party, and obtaining copies of the police accident and incident reports. In addition, many times I will go ahead and hire an accident reconstructionist so that he can evaluate the accident site and evidence immediately.

A felony conviction can be devastating. The likelihood of not only prison time but also the disabilities that go along with such a conviction call for an aggressive, well-planned defense.

If you find yourself facing such a situation, please call me, Mickey G. Roberts, PC, immediately!

So You Got a Ticket Out of State: What You Need to Know

Summertime usually means traveling to the beach or mountains or lake. If you are planning on driving out of the state this summer, here are some scenarios to think about:

  1. Your teenager gets an out-of-state speeding ticket in Gulfshores, Alabama. How does that affect his/her license in GA?

If the speed is high enough that it would suspend the license in Georgia, then the Georgia license will eventually be suspended. If the offense is one that would suspend the license in Alabama, then the Georgia license will also eventually be suspended, and your teen will have to reinstate driving privileges in Alabama BEFORE getting their Georgia license reinstated.

  1. You get a DUI in Florida, and you have a Georgia license.

If you are convicted of Driving Under the Influence (DUI) in Florida, your Georgia license will be suspended. You will NOT be able to get a limited permit to drive to work, and you will only be able to get license reinstatement in Georgia once you have satisfied Florida’s reinstatement provisions.

  1. You receive a ticket out of state which can suspend a driver’s license either in the other state or Georgia.

Your Georgia license will be suspended and you will not be able to get Georgia license reinstatement until you have satisfied all the issuing state’s reinstatement procedures.

For some reason, many folks think that an out of state ticket has no bearing on their GA license. Unfortunately, this is not accurate. Therefore, you should call or email me, Mickey Roberts, PC, if you or your family member receives a ticket out of state.