Columbus GA DUI Lawyer | Criminal Defense Attorney

Chattahoochee County Georgia homicide by vehicle criminal defense attorneys

First degree homicide by vehicle is a felony. A homicide by vehicle is classified as first degree when the driver:

(1) illegally met or overtook a school bus;(2) unlawfully failed to stop after a collision;(3) was driving recklessly;(4) was driving while under the influence of alcohol or drugs;(5) did not stop for, or otherwise was trying to flee from a law enforcement officer, or (6) had been declared a habitual offender in the past.

First degree homicide by vehicle is punishable by 3 to 15 years in jail. If the accused had previously been declared a habitual violator, the punishment ranges from 5 to twenty years, and at least 1 year of the sentence should be served.

Second degree vehicular homicide includes all vehicular homicides without intent to kill that involve any other violations of the laws regulating the operation of motor vehicles. For instance, a death resulting from a failure to yield to oncoming traffic, speeding, or driving too slowly, except if such constituted reckless driving, could be charged as a homicide by vehicle in the second degree.

Second degree vehicular homicide is a misdemeanor, punishable by jail term for up to one year, a fine of up to $1,000, or both. But, at the judge s discretion, punishment can be suspended or a probation sentence may be awarded.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Arson in Harris County GA criminal law law firm

Columbus GA Criminal lawyer

Arson is an offense of general intent meaning that arson was committed “willfully and maliciously.” The only thing needed for an arson charge is proof that the individual intentionally lit the fire. The criminal intent with arson is intent to start a fire, even if there is no intent to burn a structure. A fire inspector must then testify in court that he/she also suspected arson, and then an expert witness must be called to support the fire inspectors views.

Arson is classified into 1st degree (homes, schools, churches), 2nd degree (unoccupied structures, vehicles), and 3rd degree (personal property). Because arson is a crime against possession, not ownership, a person may be charged with burning their own house, or committing arson against themselves.

A person assisting with the crime is usually charged with arson rather than being an accomplice to the crime. Pouring gasoline on the floor of a building or possessing firebombs may be offenses related to arson under certain state laws. Arson involving damage to federal property is almost always prosecuted in federal court, as is anything related to interstate or foreign transport.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

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Chattahoochee County GA Arson Offense defense lawyer
Columbus GA Criminal lawyer

The elements of arson include setting a fire that reaches a structure and, in turn, burns down said structure. Arson law also treats explosions as burnings. The common law rule is that no matter how slight the burning, the arson is complete. Therefore it does not matter how much burning occurs. A fire will be treated as arson when it happens inside a house only when the goods damaged qualifies as a permanent fixture.

While sinks, lighting, and appliances qualify as permanent fixtures, personal property like furniture, clothing, or documents are not permanent fixtures. Some states have arson statutes which distinguish between “sooting” (smoke damage), “scorching” (blistering), “charring” (external surfaces destroyed), and so on, however the main point is that a structure need not burn to the ground for it to be considered arson. The police and firefighters determine the circumstances to be considered for arson like the type of structure and amount of damage.

Arson is a serious charge that usually does not involve getting off with a warning. A seasoned criminal lawyer can help you if you are facing arson charges. The penalties may be severe, but a seasoned criminal attorney can get you the best possible results.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Columbus Georgia Sexual Harassment Offense criminal defense lawyer

Sexual harassment in Georgia involves coercion of an unwelcome sexual nature or the promise of rewards for sexual favors. Sexual harassment comes in many forms and includes full blown sexual assaults, discrimination, verbal taunting and touching.

The Equal Employment Opportunity Commission (EEOC) formulated guidelines for enforcing Title VII actions. Title VII of the Civil Rights Act is a federal law that disallows discrimination in employment but the Supreme Court has ruled that it also prohibits sexual harassment. The EEOC defines sexual harassment as:

Sexual advances, requests for sexual favors, or verbal or physical actions of a sexual nature that occur when:

1. It was obvious that doing the act was a condition of the employment,
2. If you rejected the proposition, your boss can use that as a basis for termination, transfer or salary decisions, or
3. The actions unreasonably interfered with your work performance or created a intimidating, hostile, or offensive work atmosphere.

Types 1 and 2 are called as “quid pro quo” acts and are sexual bribery.
Type 3 includes “hostile work environment” claims are more subjective.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Columbus Georgia DUI criminal defense lawyer

Whereas a DUI offense involving drugs can be prosecuted by the State although where the drugs are prescribed by a physician, special laws apply to DUI-contraband cases. These charges involve illegal substances like marijuana, cocaine, heroine, etc. in the drivers blood system. The DUI offense is based upon driving while having an unlawful substance in your blood system. Although this issue is currently on appeal, the prosecution is not presently required to demonstrate impairment due to the illegal contraband drugs in the system. Simple proof of the presence of a contraband substance or its “metabolites” is sufficient to render a conviction. Meanwhile, recent case law (Love v. State) holds that if a person has marijuana present in his/her system, the prosecution should demonstrate that the person was rendered incapable of driving safely as a result of using the marijuana.

Beyond the misdemeanor DUI contraband penalties, Georgia law has other more punitive statutes for possession of drugs when marijuana or other illegal drugs are found in a car or someones pocket. A “possession” crime may be committed by a person driving a vehicle, or by a person not operating a automobile. Your drivers license can be suspended upon a guilty plea or a conviction for possession of drugs, even though you were not driving when arrested. This law has been upheld by the GASupreme Court after an appeal on challenges to its validity.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Muscogee County GA Repeat Offender drivers license suspension DUI attorney
Columbus GA Criminal Attorney

For person’s who have one previous DUI arrest within the past 5 years, a three year suspension is triggered. No license and no work permit is permitted for at least 18 months. The suspension begins on the 31st day following arrest except when an administrative appeal is sought and successfully handled. Yet, these second-time violators may attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 18 months.

Any person who has already had two or more previous administrative license suspensions within a five year time period can attend a DUI risk reduction program and pay a reinstatement fee and have their license reinstated after 60 months. No work permit of any type is permitted for at least 2 years.

Drunk driving is first and foremost a crime, not just a driving offense. When you are guilty of a drunk driving, you will have a criminal record, which could hurt your professional, financial, and educational opportunities throughout your life. Most legal matters are downright confusing; especially to ordinary people with no legal background. It is not expected for someone like you or me to understand the in-depth legal vocabulary a typical Georgia DUI lawyer would use inside the courtroom. People facing a DUI charge need a Georgia DUI attorney to help them take the right decisions.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Chattahoochee County GA defense Administrative license suspension lawyers
Columbus GA DUI lawyer

Individuals who have not had a previous DUI arrest within 5 years will be considered to be first offenders according the ALS law. The suspension time is 1 year. However, first offenders can seek the following favorable treatment. At the end of the initial 30-day temporary” driving permit allowed by the form received at the time of arrest, the individual can seek and receive a 30 day work permit that permits him/her to drive to work, medical treatment, DUI Risk Reduction Program, College, etc., however it cannot be used for recreational driving. There is a $25 charge for this limited driving permit. Also, if the person enrolls in and completes a Risk Reduction Course and on payment of a reinstatement fee ($200 by mail; $210 if done in person), he/she can receive early reinstatement of his/her license or privilege to drive when the 30 day permit is over.

Your first thing to do is to get in touch with a GA DUI lawyer immediately. They can provide an clear and unbiased perspective of your legal position. Through their expertise and advice, you can select the best option available to your current position. A GA DUI attorney knows all the laws to use to your advantage as well as interpreting state constitutions to use as a lifeline. The easiest method to avoid such tough penalties is to avoid being charged with DUI at all, or at least being charged more than once.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Harris County GA License revocation defense lawyer
Columbus DUI Criminal lawyer

Georgia, like every other state, has an administrative penalty for any driver who if requested by a law enforcement officer to submit to a state administered chemical sobriety test does not take the test. This refusal does not cause any monetary fines to be payable, nor can you be imprisoned simply for refusing to take the State s test. Whereas, Georgia will seek to suspend your drivers license for a one year period. A person who contests the suspension by filing a request for a hearing within 10 business days after the alleged refusal can be successful in stopping this suspension for refusal. While counting days, the day of arrest does not count. Also, do not include Saturdays, Sundays or State holidays. Failure to appeal the suspension within 10 business days will almost certainly result in a one year suspension. In rare cases, where providential cause for delayed filing can be demonstrated, a late appeal will be accepted by DPS.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Drunk Driving and the Legal Limits of Alcohol Harris County Georgia DUI law firm
Columbus Criminal lawyer

An alcohol content reading of .04 BAC is the level for per se intoxication for persons under the age of 18 when they are arrested. This means that when you were administered the prosecutor s test and the result was .040 or higher, you are driving with an unlawful blood alcohol level.

An alcohol content reading of .04 BAC is the level for per se intoxication for persons with a CDL license who were stopped while operating a commercial vehicle. This means that if you administered the State s test and the result was .040 or higher, you are driving with an unlawful blood alcohol level. If a commercial driver is stopped in a commercial vehicle and the government s test reveals any alcohol, a 24-hour out-of-service order will be passed, and the car will be impounded for the time period.

An alcohol content showing .10 or more is considered per se intoxicated for persons who are age 18 or more. The prosecutor, yet, should be able to demonstrate that the test conducted was a valid test, and that it was taken within 3 hours of driving or being in actual physical control of a vehicle. This means that if you were administered testing and yield a result over .099, you will be charged with driving with an unlawful blood alcohol level. No evidence of “bad driving” or visible signs of impairment is needed for a conviction for this kind of drunk driving.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com

Chattahoochee County GA defense lawyers
Columbus GA DUI lawyer

In a normal drunk driving criminal trial, the State has to establish that the driver was a less safe driver due to alcohol consumed. This type of lawsuit can be pursued even if no test result exists. When a person has taken a blood, breath, or urine test, the State must introduce evidence of the result. To assist the prosecutor establish “less safe” driving, the government passed a law which permits the prosecution to benefit from certain “legal” presumptions. A blood alcohol level of .

08 is the level of “presumed” impairment for persons 18 or older. This presumption plays an important role at trial when the prosecutor requests the judge to instruct the jurors that if they believe that the prosecutor has demonstrated beyond a reasonable doubt that the driver had an alcohol level of 0.08% or more, that the jurors must “infer” that the driver was impaired. This inference, nonetheless, may be disputed by the driver, and evidence showing lack of impairment can be produced.

GA law also sets forth other “inferences” in the law, including the fact that persons who have a blood alcohol level of .05 or under are presumed to NOT be impaired by alcohol. Whereas, the prosecutor can try to refute that “presumption” by other proof. If a person is .06 or .07, neither the driver nor the prosecution is given the benefit of an “inference”.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

www.columbus-dui-defense.com