Archive for the ‘Trinity Hundredmark’ 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.

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

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State and Federal Cases: Do You Know the Difference? by Trinity Hundredmark   Leave a comment

 

There is a general misconception that Federal courts handle severe offenses, while State courts handle less harsh crimes. However, this isn’t always the case. In fact, Federal courts deal only with violations against Federal law. If an offense goes against both Federal and State law, the Federal courts can decide whether they will pick up the case.

A good example of this would be if a law enforcement agency found a stockpile of drugs ready for distribution. Although the charges from this type of circumstance are not unusual for a Georgia state courthouse, a Federal court is also entitled to take the case for prosecution.

Although Federal courts have the option of picking up certain cases from the State, this freedom is not a two-way street. Violations involving only Federal laws are reserved for the Federal jurisdiction. A main focus for Federal institutions includes large-scale drug operations, terrorism cases, crimes occurring in more than one state, firearm charges and robbery of federally insured (FDIC) banks.

Many of the crimes committed in Georgia are in direct violation of State law, putting Georgia’s courts in a better position to deal with these cases. In fact, most crimes committed in Georgia—DUI, theft, murder, battery, property crimes, and so on—are handled by State and local courts.

A federal prosecutor’s decision to take a case is based on a variety of factors, including the extent of the criminal activity, the current priorities of the federal government and the amount of public awareness about the case. Federally convicted felons are in for the long haul, as Federal Law does not allow for parole and inmates typically serve at least 85% of their sentences.

Regardless of whether you have been charged with a State or Federal crime, it is important that you get the legal counsel of a qualified criminal defense attorney. Patrick McDonough and Trinity Hundredmark at Andersen, Tate & Carr, P.C. have more than 30 years of combined experience representing both Federal and State offenses.

For more information or to request a case evaluation, call our law office at (770) 822-0900. Our goal is to reach the best possible outcome for our clients, and our attorneys are here to help you in a difficult and stressful time.

 

ATC’s Trinity Hundredmark & Martina Palatto appointed to state bar YLD Board of Directors   Leave a comment

Trinity M. Hundredmark and Martina G. Palatto of Andersen, Tate & Carr P.C. in Duluth have been appointed to serve on the Young Lawyers Division of the State Bar of Georgia as part of the Board of Directors. Hundredmark and Palatto will act as directors of special projects for education and will assist in promoting initiatives set by the YLD president, Sharri Edenfield, focusing on service to military veterans, leadership development in YLD members and finding solutions to access to justice issues.

Hundredmark was appointed by the Supreme Court of Georgia to serve as a District 9 chair on the Unauthorized Practice of Law Committee for the State Bar of Georgia. Palatto is a cum laude graduate of the University of Georgia School of Law and has served as executive editor of the Journal of Intellectual Property Law, president of the Health Law Society and vice president of the Student Bar Association.

The YLD has more than 25 committees that produce a variety of projects and programs. It has also gained national recognition by winning several American Bar Association awards for its projects and publications.

As posted in the Gwinnett GAB section of the Gwinnett Daily Post

Criminal defense attorney Trinity Hundredmark appears as legal analyst on Nancy Grace   Leave a comment

Hundredmark

Trinity Hundredmark recently appeared as a legal analyst on Nancy Grace on HLN.

https://www.youtube.com/watch?v=byh5vBvdGKY

A criminal defense and family law attorney and Partner at Andersen, Tate & Carr, P.C., Trinity discussed the case of missing Orlando mother Michelle Parker.  At the time of the broadcast, new video was released that showed Michelle Parker’s car, its exterior altered, hours after her cellphone was dumped, and she was last seen alive at the home of her ex-fiancé.  In addition, Trinity commented the suspicious disappearance and stunning discovery of the remains of the McStay family in the Mojave Desert.  The McStay family had been missing since February 2010.

This week, a motorcyclist riding about 50 yards from a dirt road found two shallow graves containing the skeletons of Joseph and Summer McStay and two children believed to be their young sons, Gianni and Joseph Jr.  Dental records confirmed the couple’s identities, and detectives have concluded that all four were homicide victims.  No suspects have been identified.

 

Trinity Hundredmark discusses felon disclosures on job applications on Fox News with Cavuto   Leave a comment

https://www.youtube.com/watch?v=HENdq0_cCWw

Hundredmark

ATC Lawyers Continue to Fight for Kevin Kenerly

Pat McDonough and Trinity Hundredmark of Andersen, Tate & Carr, P.C. filed motions on behalf of their client, Kevin Kenerly, on May 14, 2012. We want to reassert our position: Kevin Kenerly is innocent. Every document we have reviewed and each witness we have interviewed confirms this. Nonetheless, we must continue to fight this prosecution at every stage, and therefore, filed our motions in accordance with the law.

 To highlight a few, we filed:

1. A General Demurrer showing the court that the statutes relating to the two misdemeanor charges were recently repealed. Therefore, these charges should be dismissed and the State barred from any future prosecution.

2. A Plea at Bar showing the court that we believe the statute of limitations has run on Count 1 (alleged bribery) and Count 2 (alleged 2005 misdemeanor) . As such, these counts should be dismissed, and the State barred from any further prosecution.

3. A Motion to Quash showing the court that we believe the Court lacked jurisdiction to enter the 2011 indictment because jurisdiction remained with the appellate courts on the first indictment, who was reviewing the issue of whether the Special Purpose Grand Jury had the power to indict Mr. Kenerly (the appellate courts held it did not, and that indictment was quashed). Jurisdiction was not reinvested in the Superior Court of Gwinnett County until remittitur was returned from the Court of Appeals, which incidentally, wasn’t until eight months after the second indictment. Accordingly, the 2nd indictment should be quashed.

Again, we hope to end this for our client as soon as possible, but if the case does ultimately go to trial, the evidence will show he is innocent.

Kenerly Wins Appeal   Leave a comment

 

Gwinnett County Historic Courthouse, Lawrencev...

Gwinnett County Historic Courthouse, Lawrenceville GA (Photo credit: Wikipedia)

On September 14, 2009, the Gwinnett County District Attorney, Danny Porter, requested that a special purpose grand jury be impaneled to investigate “[t]he acquisition of real property by the Gwinnett County Board of Commissioners.”

 On September 23, 2009, the Chief Judge of the Gwinnett County Superior Court entered an Order impaneling a special purpose grand jury. At the time when the Special Purpose Grand Jury was impaneled, Kevin Kenerly was the County Commissionerfor District 4 of Gwinnett County. 

 Kenerly filed an Objection and Challenge to the Gwinnett County Special Purpose Grand Jury.  The trial court held that “the Special Purpose Grand Jury was empowered to return criminal indictments based upon facts discovered during its investigation.” 

 Thereafter, Kenerly was indicted by the Special Purpose Grand Jury on October 11, 2010.  Kenerly’s attorneys, Patrick J. McDonough and Trinity Hundredmark, appealed to the Court of Appeals of Georgia, and argued that the legislative intent behind the statutes governing special purpose grand juries was clear from their plain language, meaning that special purpose grand juries only have the power to investigate and report, not indict.  “A special purpose grand jury has an investigative function similar to the FBI, GBI or the police, none of which have the power to indict,” McDonough explained.

 On July 6, 2011, the Court of Appeals agreed with McDonough and Hundredmark, reversed the trial court’s decision and held that a special purpose grand jury was not authorized to return a criminal indictment. 

 The District Attorney then appealed to the Supreme Court of Georgia.  On March 5, 2012 the Supreme Court denied the District Attorney’s petition for certiorari.  As a result, the indictment against Kenerly was dismissed.

 

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