In a recent turn of events, a faulty bench warrant became the cause of an innocent driver’s undeserved night in Fulton County jail. Subsequently, a long-drawn legal battle ensued, where the city eventually conceded its error, awarding him $130k as a settlement.

Regrettably, this is not a singular occurrence in Georgia.

Disturbingly, courts often rush to issue bench warrants based on data that may be incomplete or outdated. A mere presumption of missing a court appearance can swiftly result in an arrest warrant, usually without rigorous validation of the supporting information.

Some may trivialize the severity of spending just one night in jail. But those voicing this opinion, more often than not, have no personal insight into the reality of the conditions within American jails. A significant number of these detention facilities offer harsh environments that can be deeply traumatizing, especially for those who have been fortunate enough to avoid any direct confrontations with the criminal justice system.

Imagine being arrested due to an FTA bench warrant for a traffic ticket you had already taken care of. Whether you’re headed for an important work commitment, rushing to board a plane, or in the middle of fetching your children from school – such an unforeseen event can turn your life upside down.

The aftermath of an arrest can lead to a drastic shift in one’s daily life. Numerous individuals modify their everyday habits, trying to eliminate all possible interactions with law enforcement. When you’ve been on the receiving end of such a grave injustice, it becomes exceedingly difficult to trust the very system that claims to be designed to protect you.

An unjustifiable night behind bars has implications that go beyond the immediate. Besides facing potential job loss, legal fees, and the prospect of a criminal record, there’s a deeper, insidious loss of faith in our democratic institutions.

No matter where one stands on what an erroneous night in jail is worth, it’s irrefutable that a government founded on the principles of serving its people should have rigorous checks and balances against such gross mishaps.

Kudos to the driver for asserting his rights and ensuring he was compensated for his unwarranted arrest. It’s high time our local judiciaries revisit and improve their methods, eradicating the chances of such mistakes, and restoring the faith and safety of our communities.

How Taking Your Prescription as Directed May Be Your Strongest Argument in a DUI Drug Case

As a driver charged with DUI drugs, you might feel overwhelmed and unsure of your options, especially if you were taking your prescription medication as prescribed. Many lawyers may be hesitant to defend clients in blood test cases, but there are critical elements that can make a difference in your case. This article will provide you with valuable information to help you find a legal team equipped to handle DUI drug cases and fight for your rights.

Understanding the Role of Prescription Medication

Unlike alcohol, prescription medication levels don’t always indicate impairment. In fact, the presence of medication in a driver’s system might make them a better driver than they would be without it. Doctors prescribe medication to help patients achieve a state of normalcy, not to make them high or woozy. This distinction is crucial when building a defense in a DUI prescription drug case.

Building Your Defense: Medication History and Pharmacology

When facing a DUI drug charge, it’s essential to gather all the information about your prescription medication history. Obtain a list of your prescriptions and how long you’ve been taking them to demonstrate that you’ve been on a regular course of treatment.

Additionally, having a basic understanding of pharmacology—the study of how drugs work in the body—will be beneficial. This knowledge will help you argue that the blood test results are not conclusive and can’t accurately show how your body was breaking down the medication at the time of driving.

Pharmacokinetics: The Key to Challenging Blood Test Results

Pharmacokinetics, the study of how a drug moves through the body, plays a crucial role in understanding the limitations of blood tests in DUI drug cases. While alcohol follows a predictable pattern (zero-order kinetics), prescription medications do not (first-order kinetics). This lack of predictability makes it challenging to determine a person’s level of impairment based on a blood test.

Using the Winek Guide to Medicine and Chromatogram Errors

Forensic chemists and toxicologists often rely on the Winek Guide to Medicine to determine where a driver’s blood test results fall within the normal, therapeutic, toxic, or lethal range. You can use this guide to challenge the prosecution’s reliance on these categories.

Gas chromatograph errors can also play a significant role in your defense. Chromatograms can show false positives or unreliable results, making the test results unreliable and potentially inadmissible in court.

When facing a DUI drug charge, finding a legal team experienced in handling prescription medication cases is crucial. Understanding the nuances of prescription medication, pharmacology, and pharmacokinetics can significantly impact the outcome of your case. With the right defense strategy and legal representation, you can fight the charges and protect your rights as a driver taking their prescription medication as directed.

If you have been charged with driving under the influence (DUI), you may be wondering what police officers were looking for when they first targeted your vehicle for a traffic stop. Most drivers don’t realize that officers are trained to look for specific cues that could indicate that a driver is impaired.

Officers will first look for how the driver was driving before being pulled over. They will watch for erratic driving, such as weaving, drifting, or swerving. If the driver has problems maintaining proper lane position or driving too slowly, these are potential signs of impairment.

The second thing officers will look for is how the driver responds to the officer’s signals to pull over. If the driver pulls over promptly and safely, this is a good sign that they are not impaired. However, if the driver takes a long time to pull over or responds in an unsafe or erratic manner, this could be a sign of impairment.

Officers will also look for speed and braking problems, such as varying speeds, unnecessary acceleration, or deceleration. If the driver is driving too slowly or stops inappropriately in response to an officer’s signals, this could be a sign of impairment.

Vigilance problems, such as driving without headlights at night or failure to signal, could also be signs of impairment. Officers will also look for judgment problems, such as following too closely, improper lane changes, or illegal turns. Any inappropriate or unusual behavior, such as driving on the wrong side of the road or appearing impaired, could also be a sign of impairment.

It’s important to note that these cues are what officers are trained to look for, but they are not always reliable indicators of impairment. For example, if a driver is pulled over for speeding, which is not on the list of cues, it will be impossible for an officer to determine if the driver is impaired based solely on their driving behavior.

If you have been charged with a DUI, it’s essential to understand the difference between cues and clues. Officers look for cues during the vehicle in motion phase, while clues are associated with field sobriety tests. It’s also important to remember that officers are looking for any signs of impairment, so following their instructions and behaving safely and appropriately is crucial.

Being pulled over for suspicion of driving under the influence (DUI) can be a nerve-wracking experience. When an officer approaches your vehicle, you may feel unsure about what they are looking for and what to say. However, understanding what police look for during a DUI traffic stop can help you better understand the situation and make informed decisions.

One of the most important phases of a DUI investigation is the personal contact phase, which is when the officer approaches the driver. During this phase, the officer will observe and evaluate the driver to gather evidence for the case. Officers are trained to look for specific cues that indicate a high probability of a DUI driver. These cues are taught by the National Highway Traffic Safety Administration (NHTSA) and include:

• Difficulty with motor vehicle controls
• Fumbling with driver’s license or registration
• Difficulty exiting the vehicle
• Repeating questions or comments
• Swaying, unsteady, or balance problems
• Leaning on the vehicle or other object
• Slurred speech
• Slow to respond to officer/officer must repeat
• Provides incorrect information, changes answers
• Odor of alcoholic beverage from the driver

Jurors often put a lot of stock into their first impression of the driver during the personal contact phase. Therefore, drivers must understand what officers are looking for during this phase and how to conduct themselves accordingly.

One way to explore the personal contact phase is to break it down into what officers smell, see, hear, and how the driver exits the vehicle.

1. Smell

The first thing to address is the odor of alcohol. Officers may report an odor of alcoholic beverage coming from the driver, but the strength of the odor is irrelevant. You can’t determine impairment based on the strength of the odor alone. Officers may also make a note of other odors, such as the scent of a freshly lit cigarette, gum, mouthwash, or food. It is important to pay attention to these odors because officers may use them to suggest that the driver was trying to hide the odor of alcohol.

2. Sight

Officers will look for bloodshot eyes, soiled clothing, alcohol or drug containers, and how the driver retrieves their license. Anything the officer observed should be in the report, and if they don’t report anything about how the driver produced the license, then this is favorable evidence for the driver.

3. Sound

During this personal contact phase, the officer might listen for slurred speech, admission statements, or clarity. Drivers should answer questions with clarity and should avoid making any incriminating statements.

4. Exit Sequence

The last thing to examine is how the driver exited the vehicle. Officers will observe the driver’s balance, coordination, and ability to follow instructions. The driver should exit the vehicle without any difficulty, remember to take off their seatbelt, leave the car in park, and walk and stand without any balance issues.

It is important to note that just because an officer observes some of these cues during the personal contact phase does not necessarily mean the driver is under the influence. There may be reasonable explanations for why a driver is exhibiting certain behaviors or physical symptoms. For example, a driver may have bloodshot eyes due to allergies or fatigue. Therefore, if you are charged with DUI, it is important to consult with an experienced DUI defense attorney who can evaluate your case and identify potential defenses.