Atlanta DUI Attorney at Law Jamie S. Wingler, PC

SUPER SPEEDERS BEWARE

Beginning January 1, 2010, any driver who is convicted of driving at a speed of 85 miles per hour or more on any road or highway or 75 miles per hour or more on any two-lane road or highway, shall be classified as a 'super speeder.' Within 30 days of conviction, the Department of Driver Services shall give notice and demand a fee of $200.00 for the violation. Failure to pay the $200.00 fee within 90 days of receipt of the notice shall result in the suspension of the driver’s license. The license will remain suspended until reinstated and an additional fee of $50.00 is collected. The fees collected shall be deposited in the general fund of this state to fund a trauma care system in Georgia and the costs associated with the administration of this section.

To read the entire bill, go to:
http://www.legis.ga.gov/legis/2009_10/search/hb160.htm
or contact Atlanta DUI Attorney Jamie Wingler with any questions.

DRIVER'S LICENSE REINSTATEMENT FEES

Effective July 1, 2009, driver’s license reinstatement fees were modified in DUI, drug and suspended license cases. For a first offense within a 5 year period the reinstatement fee collected by the Department of Driver Services is $210.00 (or $200.00 if processed by mail). For a second offense within a 5 year period, the reinstatement fee jumps to $310.00 (or $300.00 if processed by mail). For a third or subsequent offense within a 5 year period, the reinstatement fee escalates to $410.00 (or $400.00 if processed by mail). The reinstatement fee for a driver’s license suspended for failure to appear increased to $100.00 (or $90.00 if processed by mail). For driver’s licenses suspended for no insurance, the reinstatement fee for a first offense within a 5 year period the reinstatement fee collected by the Department of Driver Services is $210.00 (or $200.00 if processed by mail). For a second or subsequent offense within a 5 year period, the reinstatement fee jumps to $310.00 (or $300.00 if processed by mail).

To read the entire bill, go to: http://www.legis.ga.gov/legis/2009_10/search/hb160.htm or contact Atlanta DUI Attorney Jamie Wingler with any questions.

CHANGES TO DUI LAW EFFECTIVE JULY 1, 2008

The Governor signed into law House Bill 336 which extended the look back period for second and third DUI’s from five years to ten years.  For all DUI arrests after July 1, 2008 that result in a conviction, the state will look back 10 years for prior DUI offenses to enhance the punishment.

If you receive four DUI arrests that result in convictions after July 1, 2008, House Bill 336 makes that a felony.  The punishment is one to five years in jail, of which the judge may suspend all but 90 days; 60 days of community service; and a mandatory minimum of five years probation.

To read the entire bill go to:
http://legis.ga.gov/legis/2007_08/fulltext/hb336.htm

CHANGES TO DRIVER’S LICENSE SUSPENSION LAW EFFECTIVE JULY 1, 2008

The Governor signed into law Senate Bill 350 which changes the law related to driver’s licenses in two significant ways:

1. A fourth charge of driving on a suspended license within a five year period is now considered a felony.  The charge carries a punishment of one to five years in prison and a fine of $2,500.00 to $5,000.00.
2. If a person is arrested for not having a license, they are now punished pursuant to the suspended license statute, unless they produce a license in court proving that they had a valid license at the time of the arrest.

To read the entire bill go to:  http://legis.ga.gov/legis/2007_08/fulltext/sb350.htm

Sandy Springs

On July 1, 2006, the Sandy Springs Police Department began operations.  There is a notable increase in police presence in this area formerly patrolled by the Fulton County Police Department.  The Sandy Springs Municipal Court is in full swing at:  7840 Roswell Road, Building 500, Sandy Springs, GA 30530.  Jail cases are currently being heard at the Roswell Municipal Court.

Senate Bill 502

In 2005, SB 502 was introduced and passed in the Georgia Senate.  The Bill recodifies the entire Driving Under the Influence (DUI) statute and enacts a couple of significant changes.

The first change deals with refusal to submit to the state administered chemical test.  In the past, if a person refused testing, no test was sought by law enforcement.  Under the new statute, “if the person refuses to submit to the state administered test authorized by this Code section, nothing in this article shall be deemed to preclude the acquisition or admission of such evidence by any means authorized by the Constitution of laws of this state or of the United States.”  Proposed Section 40-5-202(f).  This new section may allow officers to collect blood without the consent of the party “acquisition” and allow it to be used in court.  If passed, this Section would certainly be challenged in the courts.

The second change alters the Implied Consent warning.  In past years, the Implied Consent warning has gone through many changes due to successful challenges in court by defense attorneys.  In State v. Leviner, 213 Ga.App. 99 (1994), the court struck down the warning as misleading, inaccurate and contained extraneous information.  The warning was changed after a challenge by an out-of-state driver where the warning was deficient on independent testing in State v. Causey, 215 Ga.App. 85 (1994).  Out-of-state drivers also won challenges in State v. Coleman, 216 Ga.App. 598 (1995) and State v. Deckard, 210 Ga.App. 421 (1993).

The proposed statute is Code Section 40-5-202(c).  If passed, this Section would undoubtedly be challenged in the courts.

This Bill has passed in the Senate and is now in House Second Readers.  To view the entire Bill, go to: www.legis.state.ga.us/legis/2005_06/fulltext/sb502.htm.

Probable Cause Cases:

State v. Sanders, 274 Ga. App. 393 (2005)

Sanders displayed glassy eyes, an odor of alcohol, admitted drinking, failed field sobriety tests and tested positive on the alco-sensor. Conversely, Sanders speech was normal and the arresting officer observed no impaired driving ability. The trial court’s suppression of the state-administered breath test due to lack of probable cause to arrest was affirmed by the Court of Appeals.

State v. Ellison, 271 Ga. App. 898 (2005)

Ellison was stopped at a roadblock, had a strong odor of alcohol, red, bloodshot, watery eyes, stumbled while exiting his vehicle and admitted drinking. The trial court suppressed the state-administered breath test, finding a lack of probable cause to arrest. The Court of Appeals upheld the trial court’s decision.

State v. Gray, 267 Ga. App. 753 (2004)

Gray was involved in a single-car traffic accident. She exhibited bloodshot eyes, appeared dazed, was unsteady on her feet, and tested positive on the alco-sensor. The Court of Appeals upheld the trial court’s ruling stating that; “[b]ecause none of these factors addressed whether Gray’s intoxication impaired her so that she was rendered a less safe driver, the trial court concluded that no probable cause supported the arrest and granted the motion.”

Implied Consent:

Howell v. State, 266 Ga. App. 480 (2004)

Howell was placed under arrest and read the Georgia Implied Consent notice. Howell refused to submit to the State-administered chemical test of his breath. He was taken to the station, placed in front of the breath testing device and told to blow. He registered a .179 and .180. The Court of Appeals held: “[Howell] was thus administered a breath test simply because he did not refuse to cooperate.” The trial court’s decision was reversed and the breath test was suppressed.

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