How Understanding the History, Science, and Protocol Can Help You Win Your Case

Driving under the influence (DUI) is a serious charge, but there are many opportunities for drivers to win their cases if they understand the field sobriety testing process. Field sobriety tests (FSTs) are any tests administered on the side of the road, while standardized field sobriety tests (SFSTs) are specific tests that have been researched for accuracy and must follow specific instructions and criteria. The three standardized tests are the HGN, the Walk-and-Turn, and the One-Leg Stand.

Before the early 1970s, officers used several different field sobriety tests to determine possible intoxication. Officers used their own set of instructions and clues, making it very difficult to determine how reliable these tests were. However, in 1975, the Southern California Research Institute came up with the three standardized tests that officers use today. These tests have been researched for accuracy and must follow specific instructions and criteria.

It’s important to remember that whether the test is standardized or not, they are not validated impairment indicators. They can not indicate driving impairment, alcohol impairment, nor drug impairment. The only thing they validate is a statistical probability that somebody’s blood alcohol concentration is at or above the legal limit. And it’s important to keep this in mind when the prosecutor or the officer tries to say that the tests indicate impairment.

Knowing the data and the science behind today’s standardized field sobriety tests can prove valuable for your case. Not only does this provide insight into the accuracy of these tests, but it’s also wise to know the information an officer might use during their testimony. Many officers refer to the San Diego Study as validation for the test they administer. In 1998, the San Diego DUI task force was recruited to help study the reliability of field sobriety tests. The study found that when the three standardized field sobriety tests were combined, they were 91% reliable in determining if a person was at or above the legal limit of .08. However, this study was not peer-reviewed, and there are issues with the reliability of these tests when you look at the number of false positives.

When exploring these tests, it’s important to understand the protocol, clues, and common errors that officers make. For example, if you have an officer who skipped one of the three SFST’s without a medical reason, oftentimes that is a red flag that requires further investigation. You also want to explore what tests were administered to determine the cause for an arrest because some officers like to throw in non-standardized tests like the Romberg, the ABC test, or the finger-to-nose test. These tests are not validated, and there is no way to determine how accurate they are.

In conclusion, when you understand the history, science, protocol, and common areas where officers make mistakes or simply don’t follow the rules, you can better identify false positives and score wins for your client. Research the data and studies available, understand the science behind these tests, and explore the three specific standardized tests: the HGN, Walk-and-Turn, and One-Leg Stand. Knowing this information can make a significant difference in your case.

Getting arrested for a DUI (Driving Under the Influence) can have severe consequences beyond legal penalties. One of the most significant challenges people face after a DUI arrest is the publication of their mugshot on various online platforms. 

In recent years, posting mugshots online has become increasingly common. Law enforcement agencies and private websites have made it a routine to post arrest photos of individuals who have been booked into jail. Fortunately, these days we don’t see as many law enforcement photos online, but private publications can access them by way of an open records request. Most mugshots available online are associated with these types of private companies.

This can be problematic for individuals who may have been arrested for a minor offense or whose charges were ultimately dropped. In such cases, the mugshot may still be available online, creating significant issues for the individual’s personal and professional life.

The Embarrassment of Online Mugshots

A DUI arrest is already a humiliating experience for anyone. However, the embarrassment is compounded when your mugshot is plastered all over the internet. Online mugshots are accessible to anyone with an internet connection, and it’s impossible to control who sees them. These photographs can make you feel exposed and vulnerable, leaving you feeling your reputation is ruined forever. If your case has been resolved in your favor, you may be able to petition to have the photo removed.

In-Person Jail Mail: Expect Unwanted Attention

Not all reputational damage happens online. After a DUI arrest, you can also expect to receive jail mail at the address on your driver’s license, meaning that everyone living at that address with you will also be aware of your arrest. It can be an uncomfortable experience for you and your family, making the situation even more distressing.

Don’t Talk About Your Case Online

Finally, it should go without saying that one should avoid posting anything about your case or commenting online regarding the charge or the agency. Until your case is closed and your lawyer gives you the green light, you should not be discussing your case on or offline.

The EHG Legal Team is obsessed with softening the blow to your reputation online and in life. We have spent nearly two decades helping professionals, students, parents, truck drivers, nurses, teachers, lawyers, contractors, plumbers, and elected officials protect the future they have worked so hard to build. We look forward to helping you return to normal as quickly as possible.

It’s a situation that no one ever wants to be in – a car accident. Unfortunately for residents and drivers, this intersection has become a hot spot for traffic accidents. Over the years, many residents have expressed their concerns about the dangerous intersection and the need for immediate action.

Citing issues such as poor visibility, confusing traffic patterns, and a lack of proper signage, many have called for the county to take action to improve safety at the intersection, such as adding more street lights, improving road markings, and increasing police presence.

The Causes of Accidents at Ponce De Leon and Artwood Road

Several factors contribute to the high incidence of traffic accidents at this intersection. One of the most significant is the heavy traffic volume. Ponce De Leon and Artwood Road are both major thoroughfares in Atlanta, and they intersect in a heavily populated area. As a result, there are always numerous cars, trucks, and buses jockeying for position, which increases the risk of collisions.

Another contributing factor is the layout of the intersection. It’s a complex intersection with multiple lanes, a blind turn, a stoplight, and a crosswalk, making it difficult to navigate. Bad weather makes it all the more dangerous. Many drivers become confused, which leads to mistakes and collisions.

Finally, speed is also a major factor in accidents at this intersection. Drivers often exceed the posted speed limit, reducing their reaction time and increasing any collision’s severity.

Specifically, residents have complained about the following:

• Artwood needs to be widened to accommodate simultaneous left and right turns onto Ponce. Drivers currently make an unofficial lane, which is dangerous and could lead to accidents.
• The traffic light at the intersection is not sufficient for safe turning onto Artwood. Drivers traveling east on Ponce have poor visibility and need a leading green arrow to turn left safely onto Artwood.
• Drivers often speed on Ponce, and there is a curve west of the intersection. Although there are signs, the light can still be a surprise. Rumble strips could alert drivers, and the DOT should replace the curve signs that were removed during construction.
• The historic railroad bridge over Ponce just past the Artwood intersection is problematic. The signage for its low clearance is not sufficient, and large trucks often divert onto Artwood, leading to accidents.
• The lights at Artwood and Scott/Ponce fork are not coordinated, leading to frustrating and dangerous situations for drivers during heavy traffic.
• Georgia Power should have a record of how often the intersection’s power poles have been damaged or taken out due to accidents.

The Consequences of Accidents at Ponce De Leon and Artwood Road

The consequences of an accident at this intersection can be severe. Injuries can range from minor to life-threatening, and property damage can be extensive. Moreover, the financial costs associated with an accident can be staggering. Medical bills, car repairs, and lost wages can quickly add up, leaving victims struggling to recover physically and financially.

In response to these concerns, the county has initiated several measures to improve safety at the intersection. One such measure includes the installation of a pedestrian island to help reduce the risk of pedestrian accidents.

Despite these efforts, accidents continue to occur, causing frustration and concern among residents. Some have even taken to social media to express their displeasure, sharing photos and videos of accidents as they happen.

Don’t plead guilty in traffic court without first understanding how your insurance rates will be be impacted.

Driving is an essential part of life for many people in Georgia, but it comes with certain responsibilities. One of these is obeying traffic laws and regulations, and unfortunately, many drivers find themselves facing charges for a variety of traffic offenses. If you are one of these people, you may be tempted to plead guilty to get the whole ordeal over with quickly. However, this may not be the best course of action, especially if you’re concerned about insurance costs.

As you may know, the state of Georgia operates on a point system for traffic violations and most citations are reported to DDS.ga.gov. Each time you are found guilty of a reportable traffic offense, a certain number of points is added to your driving record. The more points you accumulate, the greater the likelihood that your insurance premiums will increase. If you accumulate enough points, your insurance company may even refuse to insure you altogether. This is why it’s so important to invest whenever possible in maintaining a clean record. 

For example, a single traffic ticket can increase your auto insurance premiums by an average of 22 percent, according to an analysis by Insurance.com. Reckless driving, DUI, driving without a license, and hit + run are among the most expensive offenses, with first-time offenders facing an average increase of 16 to 22 percent. Even less serious offenses like speeding can increase your insurance premiums by an average of 11 to 15 percent. These increases can last for several years, depending on your driving record and the insurance company’s policies.

By pleading guilty to a traffic offense, you are essentially admitting fault and allowing points to be added to your driving record. This can have a long-term impact on your insurance costs, which can end up costing you hundreds or even thousands of dollars over time. In some cases, it may be possible to have the charges reduced or dismissed altogether, which can help minimize the impact on your driving record and insurance premiums.

If you’re facing traffic charges in Georgia, it’s important to consult with legal counsel as soon as possible. An experienced traffic attorney can review the details of your case and help you understand your options. Depending on the circumstances, it may be possible to negotiate a plea bargain or fight the charges in court. Even if you end up being found guilty, an attorney may be able to help you minimize the impact on your driving record and insurance costs.

In addition to legal counsel, there are other steps you can take to minimize the impact of traffic offenses on your insurance costs. For example, some insurance companies offer safe driving courses or other discounts for drivers who take proactive steps to improve their driving skills. 

If you do find yourself facing traffic charges, it’s important to take the situation seriously and seek legal counsel before making any decisions that could impact your driving record and insurance costs.