Preparing for Battle: The DUI Case – Las Vegas, Nevada 2015

I was thrilled to present at this year’s 2015 NACDL & NCDD’s 19th Annual
DWI Means Defend With Ingenuity® seminar “Secrets Revealed: Overcoming the Illusion of Guilt.” (Las Vegas, Nevada).

Every practitioner struggles to develop a workable strategy that optimizes the amount of time we spend preparing a case. Developing a system that is easily executed for any type of DUI trial or hearing streamlines the process, removing a lot of the dread, chaos and waste that otherwise creeps into our daily routines.

Trial attorneys often miss the most basic and time saving approach to preparing for hearings and trials. With the benefit of discovery, we will almost always be able to anticipate the exact testimony that will be offered by the state. Taking organized and extensive notes in advance of the hearing will free you up tremendously to pay attention to other, less readily predicted issues that will come up in court.

Trial attorneys often miss the most basic and time saving approach to preparing for hearings and trials. With the benefit of discovery, we will almost always be able to anticipate the exact testimony that will be offered by the state.

Everyday Legal Ethics – Las Vegas, Nevada 2015

One common practice amongst attorneys is to outsource blogging and social media management to web consultants. This is not surprising given the seemingly endless demands of an online presence in today’s competitive legal markets. Most attorneys do not have time to regularly be monitoring and posting to a myriad of social media websites let alone keep up with weekly blog posts. However, Rule 8.4 seemingly prohibits this increasingly popular practice in the legal community, in particular, solo practitioners. Attorneys should consider using services like Buffer to manage their own social media accounts, and find time to set aside to contribute their own authentic blog posts, as opposed to outsourcing it to outside agencies.

Williams v. State – The Georgia Trial Court Update – 2015

I was honored to speak on September 10, 2015, at the ICJE on the impact of the Georgia Supreme Court decision Williams v. State, 296 Ga. 817, 771 S.E.2d 
373 (2015). The Williams decision has a far reaching impact on the admissibility of blood, breath and urine tests in Georgia DUI cases. The following is an excerpt of my presentation that addressed why this analysis is important and how to apply it to DUI investigations.

The Williams decision held that the U.S. Supreme Court’s opinion in Missouri v. McNeely, 133 S. Ct. 1552 (2013) applies to Georgia DUI investigations when it stated that “or the first time in Georgia, the trial court now must determine ‘the voluntariness of the consent’ at a suppression hearing challenging the chemical test.”

The old, arguably clear-cut statutory rules of implied consent, were primarily focused on whether: (1) the warning was read immediately after arrest; (2) the proper section was read (over-21, under-21 or CDL); and (3) all reasonable independent test requests were honored. After McNeely and Williams, the trial court must now engage in a more complex and careful analysis of whether the driver’s consent was truly free and voluntary as opposed to merely an acquiescence to the authority asserted by a police officer.

Georgia Public Defenders DUI Seminar 2015

This is our annual DUI program for Georgia public defenders. We are proud to include some of the most experienced and talented DUI defense attorneys in our program this year. Every year, attorneys travel from all over the state to attend this program that will include new and important changes in the law, motions practice, cross-examination, blood testing, implied consent challenges and field sobriety testing.

Most Important Things to Know When You Have a Traffic Ticket in Atlanta Municipal Court

Atlanta Municipal Court is the busiest municipal court in Georgia. They handle an enormous volume of cases on a daily basis.   Luckily they are continually growing to meet the ever-present demands of a busy city court.

There have been a number of new judicial appointments by the Mayor that have provided the Court a much needed reprieve from overloaded case calendars which had frequently been so congested that court couldn’t end until late in the evening.