Archive for the ‘DUI’ Tag

What you need to know about your Georgia DUI   Leave a comment

What you need to know about your Georgia DUI
by Patrick McDonough.

 

Driving under the influence of alcohol is an offense that the State of Georgia does not take lightly. Although DUIs are typically considered misdemeanors, there can be extenuating circumstances that advance it to be a felony charge.

Typically, the officer will first try to establish how much you have had to drink and then request you take field sobriety tests (“FST”). Often this will include (1) the Horizontal Gaze Nystagmus test; (2) the 9 step Walk and Turn and (3) the One Leg Stand. Most people believe they are required to take these tests; you are not. These tests serve to bolster an officer’s grounds to arrest and are of little benefit to the driver. Also, the officer may ask you to blow into a handheld machine on the side of the road. This is known as the preliminary breath test. This is not the state administered test, and there are no penalties for refusing to take this test.

When arrested for a DUI, Georgia law requires the driver to take a chemical test to measure their blood alcohol content (BAC). This must be taken as soon as possible from the time they were last driving, and the officer decides whether a breath, blood or urine test will be taken. The officer must explain that, if the motorist decides to take a test, then they have the option of asking for another test at their own expense and they can choose where to take it. The officer must read an implied consent notice explaining that refusal to take a chemical test results in license suspension for at least one year and that the refusal may be used against him or her in court.

If a person refuses this test, even on a first lifetime DUI, a person’s driver’s license may be suspended for one year without being eligible for a work permit.

Georgia’s laws make it illegal for drivers of all ages to operate motor vehicles if they have blood alcohol content (BAC) percentages of 0.08 percent or higher. The minimum percentage of alcohol needed for arrest drops to 0.04 percent if the suspect is operating a commercial vehicle and lower to 0.02 percent if they are below 21 years of age.

If the driver took a chemical test with a result of 0.08 percent or greater, or if they refuse to take it entirely, the driver has only 10 days to request a special hearing in order to save their right to drive. If this deadline is missed, the driver’s license will be suspended.

Specific DUI penalties depend on the motorist’s age, license type and previous DUI convictions. However, penalties usually consist of license suspension or revocation, possible jail time, alcohol and drug evaluations and recommended treatment if any, and increased car insurance rates in addition to varying fines and court costs.

DUI charges are serious, and the law is ever changing. When selecting your representation, it is imperative you hire someone who specializes in DUI law, has trial experience and is familiar with the prosecutors.

 

Patrick McDonough and Trinity Hundredmark at Andersen, Tate & Carr, P.C. have combined experience of more than 30 years representing drivers facing Georgia DUI charges.

For more information or to request a case evaluation, call our law office at (770) 822-0900. We have been very successful at reaching the best possible outcome for our clients, and our attorneys are here to help you through this difficult and stressful time.

Advertisements

Posted October 31, 2014 by mdukes2014 in Criminal Defense, In the News

Tagged with , ,

Trinity Hundredmark Becomes Partner

trinity 2014Andersen, Tate & Carr, P.C. is proud to announce that Trinity Hundredmark has been elected by the shareholders as a partner in the firm. Patrick McDonough, head of the firm’s criminal defense department, said: “We are thrilled welcome Trinity as a partner.  She is one of the finest lawyers I have ever worked with.  She has a brilliant legal mind and fantastic work ethic.  I am delighted she is on our team.”

Ms. Hundredmark heads up the domestic relations division for Andersen, Tate & Carr, which counsels and advises clients on a variety of divorce and custody related issues, including but not limited to child custody, visitation, child support, equitable division, and alimony. In addition, Ms. Hundredmark serves as a Guardian ad Litem in contested child custody cases, where she represents the best interests of the child. As a Guardian ad Litem, she is appointed by the superior court judge to assist the court and the parties in reaching a decision regarding child custody, visitation and child-related issues.

Ms. Hundredmark’s criminal practice includes both state and federal white-collar and general criminal defense, where she has handled cases involving allegations of murder, animal cruelty, fraud, mortgage fraud, theft, drug trafficking and possession, armed robbery, battery, kidnapping, stalking, aggravated assault, burglary, DUI, and minor traffic violations.  Ms. Hundredmark is also certified in DUI Detection and Standardized Field Sobriety Testing.

Ms. Hundredmark has served as a legal analyst on Nancy Grace, CNN Network, HLN, and Fox News.   Catch a glimpse of one of Ms. Hundredmark’s appearances at https://www.youtube.com/watch?v=XRU0dF_VRmA.  In 2012 and 2013, Ms. Hundredmark was named a Georgia Super Lawyer “Rising Star.”  Ms. Hundredmark serves on the Board of Directors for The Jacqueline Casey Hudgens Center for the Arts.

 

Patrick J. McDonough Appears as Legal Analyst on Fox News

2948701_1[1]Patrick J. McDonough has appeared on Fox News as one of their Atlanta based legal analysts.  Recently on Fox News,  McDonough spoke on the issues surrounding revenge pornography.   McDonough explained how currently there are civil remedies for victims, but that can be a costly endeavor and not available to most victims. McDonough did note the trend is for states to criminalize this behavior.  First amendment advocates will surely challenge these statutes, but McDonough believes if the statutes are drafted narrowly they should withstand Supreme Court scrutiny.  McDonough said the lesson is twofold: first, one should not take any uncompromising pictures of themselves and send them to current partners, and second, jaded ex-partners should think twice before posting these images.

http://video.foxnews.com/v/2686422345001/can-you-fight-revenge-porn-/?playlist_id=931078471001

Pat McDonough Earns DUI-Related Certification

Congratulations to our own Pat McDonough, who became certified in DUI Detection and Standardized Field Sobriety Testing using the NHTSA curriculum in early 2011.  This certification adds to the depth and breadth of knowledge that can be put to work for our clients in DUI cases.

DUI Detection and More   Leave a comment

Congratulations to our own Trinity Hundredmark, who is now certified in DUI Detection and Standardized Field Sobriety Testing.  These certifications add to the depth and breadth of knowledge that can be put to work for our clients in DUI cases.

Attorney Profile: Pat McDonough   Leave a comment

Pat McDonough heads up the criminal defense division for Andersen, Tate & Carr. His criminal practice includes both state and federal white-collar and general criminal defense.

Mr. McDonough has extensive criminal trial experience. He has conducted over one hundred criminal jury and bench trials on allegations including complex fraud, money laundering, identity theft, drug trafficking, armed robbery, drug conspiracy, kidnapping, stalking, aggravated assault, arson, burglary, DUI, as well as death penalty murder.

Prior to joining Andersen, Tate & Carr, Mr. McDonough was the District Attorney in the multi-county Cordele Judicial Circuit, overseeing the District Attorney’s Office, the Victim Witness Program, and the Child Advocacy Center, which he created. While at the District Attorney’s Office, he had a 99.1% conviction rate. He was the youngest serving District Attorney in the State of Georgia. Prior to being appointed District Attorney, he served as an Assistant District Attorney for the Cordele Judicial Circuit.

%d bloggers like this: