Watch out for this Scam!

Upset driver After Traffic AccidentYou receive a call from the “public defender’s” office notifying you that your son or daughter has been involved in a serious accident. You find out that your child was texting while driving and ran a stop sign, hitting a pregnant lady. She has been rushed to the hospital and they don’t know her condition.

Your child has been arrested and the judge set bail at $1700.00. The “public defender” is asking you to wire this to them immediately so they can bond your child out of jail to face criminal charges of “Reckless Endangerment.” While talking to you, the public defender is “on the other line” with the hospital and they are trying to find out the status of the victim and her unborn child. Hold on . . .

It seems like forever until they get back on the line to tell you . . . everything is OK with the baby. Now quick, send the money so they can get your child out of jail.

It’s easy to fall for these when they have your child’s license plate number, know the type of car the drive so they can give you enough details to make it seem real. They have even called on older, mentally deficient family members to prey on their vulnerability to get them to call you and relate this sad story. It seems real.

But it is NOT!

Don’t fall for this and “wire” anyone money that you do not know.

If this truly happened, get the name of the county the Public Defender is “working in” along with a call back number. Hang up and call the sheriff’s office in that county to find out if your child has really been arrested.

The criminal justice system does NOT work like this. No one calls you to demand money. Your child would be able to talk to you, to hire a lawyer and have phone privileges to be able to contact a bonding company or family member to get them out of jail. Every one that I know that works in a “public defender’s” office is way too overwhelmed to take the time out to do this.

It would NEVER happen.

So take a breath, be smart, and ask questions to be able to verify what you are being told. Thieves don’t like smart people!

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Last Day to Register!

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TODAY is the last day to register for the fly fisher’s dream – a handmade, Bamboo Fly Rod, worth over $1500.00.

Click here to enter!

You must be a Georgia resident and over the age of 18 years to enter.

The rod will be an 8 foot, 2 piece 5 weight split cane hexagonal rod made to the winner’s specifications and personalized just for them. This rod is valued at over $1500.00 and made from Tonkin Cane that has been imported from China and allowed to cure for over nine (9) months, guaranteeing it will remain straight and level throughout its lifetime. Featuring nickel silver ferrules and real seat with a beautiful wood spacer to accentuate the rod flaming pattern, this will become a family heirloom.

Handcrafted and made by Heirloom Bamboo Rods, the rod will be manufactured using only hand tools and with the authentic method used here in the United States for over 100 years. It is truly a piece of “functional art.”

So don’t wait, the registration ends today and one lucky Georgia resident over 18 will be the winner!

Statham Georgia Police improper arrests.

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What does an officer, sworn to uphold the law, do, when he has not received training to determine if a person  is intoxicated?

Arrest them anyway!

Pretty scary to know that you could be completely innocent and still be arrested, spend time in jail, lose your driver’s license and potentially be branded as a criminal for life, not to mention having your insurance premiums shoot through the roof . . . all because an officer was under pressure to make arrests and had no clue about what he was doing.

This is why DUI is so subjective – it depends on an officer’s training and discernment to make the right call. Without that training, an officer is just “winging it” and there is way too much at stake for a sworn police officer to just make it up as he is going along.

But that is exactly what Officer Marc Lofton of the Staham Police did. And people were convicted and lost their licenses and suffered all of the other collateral consequences of a false arrest and conviction.

And the solution is that the Chief thinks he should be sent for “additional training”, after he was caught being dishonest! To make matters worse, Officer Lofton, according to CBS News, failed the training the first time and continued to make arrests based on training that he could not pass.

I high disagree that he needs to have additional training, and I am sure that his superiors will agree when they are subpoenaed to testify about his failures and mistatements.

Read the full story here: http://www.cbs46.com/story/34186129/police-chief-acknowledges-officer-needs-dui-training

My mom always said, “When a person shows you who they are . . . believe them!”

This is why I always advise people to NEVER perform any tests or answer any questions form law enforcement when you have been pulled over. Of course everyone thinks, “It could never happen to me,” until it does, just like the people falsely accused by Officer Marc Lofton.

Pilot DUI

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In a story that is light on details, a professional pilot was arrested after “behaving oddly before he became unconscious in the cockpit.” The full story is here.

Captain Miroslav Gronych was arrested after he was found unconscious in the cockpit of the passenger plane with 99 passengers and 6 crew on board.

“Initial tests conducted by police indicate the pilot was severely impaired by alcohol,” police said in a statement.

The only test that could confirm this would be a blood alcohol test. Diabetic symptoms can closely mimic intoxication by alcohol. A person in a diabetic episode is often mistaken as intoxicated, when in fact, they had nothing to drink.

Most police in the US are dependent on the “Standardized Field Sobriety Tests” to determine intoxication. But these tests would be useless in a diabetic episode, making a blood alcohol test the only way to determine whether or not Captain Gronych was in fact under the influence.

Pilots that are charged with DUI are faced with special sanctions and time deadlines for notices that must be strictly met in order to preserve their license. These cases are fraught with pitfalls and having and experienced DUI Lawyer is a must.

Thankfully, another pilot was called to take over and the passenger plane made it safely to its destination. But I wonder how the police were able to determine that Captain Gronych was intoxicated; did they make an assumption based on his physical condition or were they more thorough and perform a blood alcohol test on a properly calibrated Gas Chromatograph?

Happy New Year!

mockup1The new year is almost here. People all over the world will be celebrating the end of 2016 and the beginning of a brand new year. And while you are out celebrating, police departments will be out in force making sure that everyone is safe and sober.

I mentioned earlier that you need to have a plan BEFORE you go out so that you aren’t forced to make decisions after you have been drinking. Sticking to your predetermined plan is the best solution. But sometimes things happen and you need to be prepared with a backup.

I am frequently asked at parties what should someone do if they are stopped by the police?

The simplest solution is follow my advice and request your lawyer. Say nothing other than, “I want my lawyer.” You don’t have to take tests, you don’t have do perform any exercises. “I want my lawyer” is your mantra.

“But what if I haven’t been drinking”, you ask?

That question is usually followed by “because I would do the tests if I did not have anything to drink.”

And you would be wrong since most people cannot pass the three tests used to determine intoxication – Horizontal Gaze Nystagmus, Walk and Turn and the One Leg Stand EVEN WITH NOTHING TO DRINK!

I have tested everyone in my family, from my 19 year old son to my 70 plus year old mother – they all failed!

They failed because the test is very subjective. It depends on the officer’s training and experience, but also on clues and the officer’s interpretation of body movement. Anyone can be made to fail and, in fact, the developer of the tests has recently stated that they were never meant to be used to DETERMINE intoxication.

The bottom line is that if you get pulled over on New Year’s EVE and asked to perform these tests, you are not going home anyway, so DO NOT give the police evidence that can be used against you. Because you will be videotaped, you will be audio recorded and every single little misstep or bobble on your feet will be attributed to intoxication, not the fact that you have knee, hip, back or other problems that limit your ability to pass a physical test.

So have a plan and make your backup plan to have my phone number handy! For a limited time, you can download my newest book about What To Do Immediately If Arrested for DUI, for free from the website.

No one thinks it can happen to them, so be prepared and know what to expect and you will have a greater chance of not having an error in judgment or false accusation ruin your record and possibly your life!

866 -8CASELAW

866-822-7352 – just in case!

Be safe and have a very Happy New Year – I will be celebrating in the comfort of my home!

Have a New Year’s Plan

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This is the deadliest time of the year. So many people are involved in driving under the influence that I always make sure that my family stays home and spends the night so they are not driving tomorrow and the next day (New Year’s Eve). But my family has one advantage – my phone number is on speed dial so they know if they are stopped, they call me immediately. I have coached and pestered them all so that they know what to do when stopped.

They have a plan.

If you are going to be out over the next few days celebrating into the evening hours, you need to have a plan, too.

After 25 years of practicing law and handling some of the most serious cases, I can tell you that the highest number of people stopped are for minor traffic infractions and usually after dark. So it’s better to not have anything to drink before you get behind the wheel. Now, it certainly is not illegal to have a drink and then drive, as long as you are not intoxicated. But do you want to risk it?

Now for most people being “intoxicated” is a very fine line and it becomes a moving target after you start drinking alcohol, so be prepared and have your plan in place before you go out for the evening. Have a designated driver and a backup plan for Uber or a taxi if the designated driver has anything to drink. Being prepared means have a plan made out ahead of time, when your judgment and wits are sharp. Put my number 866-822-7352 in your phone right now – if it’s easier, the number is 866-8CASELAW!

And if you are stopped, the only thing you need to do is repeat, “I want my lawyer . . . I want my lawyer . . . I want my lawyer.”

And call me right away!

Have a very safe and Happy New Year and let’s all be here to celebrate a great 2017!

Arrested for DUI – What Are the 3 Things You MUST Know?

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My newest book has just been released and is now available for shipping. If you have been arrested in Georgia for DUI, you don’t have much time. Only 10 days to request your license hearing!

If you are considering trying to handle your own case, you need this book. Why?

Learn the 3 Things You Must Know before attempting to handle your own DUI case in Georgia. Go to www.BeatMyAtlantaDWI.com and order your free copy now.

Before you hire a lawyer, what are the 5 Questions You Must Ask?

What to expect when you go to court and what you need to know in order to position yourself to win your case.

As the former Judge of the 9th Judicial District Court, the highest trial court in the State of Texas, I have seen all of the mistakes that are made when someone attempts to handle their own case, and when a lawyer handles it for them. I am licensed in Georgia and Texas with my main office located in Alpharetta, Georgia.

Having been appointed by the Governor to membership of the DWI Curriculum Committee, the committee that sets the training regiment for Judges, I have taught judges about the science of blood testing and their use in a DUI case. I frequently teach at seminars across the country at the local state and national level. I am also certified in the Forensics of Gas Chromatography, the science behind blood testing for alcohol in DUI cases, by Axion Labs in Chicago. (When you click the link, scroll down to “all graduates”. I am listed in “Texas”)

You can see the full list of my publications, speaking engagements and resume here:

I am sharing the secrets that the police and courts do NOT want you to know in this new book.

If you have been arrested or charged in Georgia with DUI, this is the book you need! But don’t wait because time is not on your side when arrested for DUI.