As a Gainesville GA lawyer our firm represents clients who have experienced a DUI arrest or other traffic violations due to New Years Eve celebrations. We understand that it isn’t something someone intentionally sets out to do, the plan is to ring in the New Year with their friends and family, but unfortunately accidents happen due to driving under the influence, disorderly conduct, underage drinking, traffic and speeding violations.

The National Highway Traffic Safety Administration announced their ‘Drive Sober or Get Pulled Over’ campaign this holiday season.  Their message is to raise awareness and alert all drivers that law enforcement will be stepping up their activities in seeking out drunk driving and removing them from the road.  ”Safety is our focus year round at DOT.  But this holiday season, we’re stepping up our efforts to get drunk drivers off our roads and reminding Americans ‘drive sober, or get pulled over,’ ” said U.S. Transportation Secretary LaHood. “We’re making gains in our fight against drunk driving, but we cannot and will not let up.”

2 to 3 times more people die in alcohol related crashes during the holidays than any other time of the year according to the National Institute on Alcohol Abuse and Alcoholism. In fact, 40% of all traffic fatalities involve a driver who is impaired by alcohol. Pedestrian accidents also increase during the Christmas and New Years holiday. It is best to find a ride home rather than walk or drive home from a party or event for this reason.

A lot of people will be in Atlanta to see the Peach Drop and at many other local events.  Police presence will be high, they will be looking for people causing trouble, disruptive behavior and acts that cause a disturbance to the public.  A common misconception for people under the age of 21 who are arrested for alcohol possession is that they don’t realize they could be arrested if they didn’t have a drink in hand.  That simply is not true.  Simply having alcohol in your system is considered possession, no drink in hand needed.  If you find yourself in this situation, stay calm and contact an attorney at your earliest convenience.  There are advantages to having an attorney represent you because there are special sentencing rules for first offenders that your attorney can help negotiate for you.

Another misconception during New Years is what amount of alcohol constitutes a drink?  Generally, people tend to think that a drink equals a drink.  This may be true for wine and beer, but when it comes to mixed drinks it’s easy to forget that there is often more than one shot of liquor in a mixed drink.  In reality, you could be drinking a Jack and Coke and not realize you’re consuming the equivalent to 2 to 3 drinks.  It’s also a good idea to eat a full meal or eat throughout the evening, because without food in your stomach your body will absorb alcohol extremely fast.  Remember that things like body weight, your sex, genetics and family history have a lot to do with how you will react to alcohol.

Here is a quick look at what is considered a drink:

4-5 ounces of wine

10 ounces wine cooler

12 ounces of beer

1-1/4 ounces of distilled liquor (80 proof whiskey, vodka, scotch, or rum)

Georgia Roadblocks: Expect for roadblocks to be set up on New Years Eve to help enforce public safety. Police will be looking for anyone operating a vehicle under the influence of drugs or alcohol. They will be looking for blood shot watery eyes, abnormal speech and the smell of alcohol.  If asked to submit to sobriety tests, this is a personal decision and we can not tell you whether you should or shouldn’t, but our article To blow or Not to Blow has some additional information about this subject. Regardless of whether you submit to testing or not, if a police officer has probable cause you could be arrested for a DUI and need to call us as soon as possible.

Another reason not to become too intoxicated this New Years is to avoid an arrest for disorderly conduct.  More often than not, people who gather at public events find that when they’ve been drinking and need a restroom, they may not always make the best decision as to where to go.  It is extremely important to know that going to the bathroom in public may land you on the sex offenders list.  People arrested for this crime are charged with public indecency.  Imprisonment ranges from 1 year to 5.  After incarceration the person must register on the Georgia Sex Offender Registry.

We hope these reminders will help you and your family have a safe and happy New Year!

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions on Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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If you are planning on going to Helen for Oktoberfest, usually held from the end of September through the end of October, you are going to be one of thousands that will be there.  As a result of that, law enforcement is going to be out in full force in the area surrounding Helen and Oktoberfest.  They are going to be looking for the following activities:

1. Driving under the influence of alcohol or drugs (DUI), Open container and/or speeding.

2. Any number of traffic violations due to the increased traffic. It is very important that you maintain speed, make approporiate decisions about who is driving and what condition the person is in when they are driving.

3. Underage drinking.  It is important to know that being in possession of alcohol, driving under the influence, or using false identification can not only result in a loss of a drivers license but also result in serious penalties, fines and legal fees.  A person can be arrested for possessing alcohol under 21 even if that person does not have a drink in hand, just having it on the breath or in the blood content can be sufficient to be found guilty.

This is Helen, Georgia’s largest celebration of the entire year and we do not want to deter people from visiting Helen, GA during Oktoberfest.  The festival serves up delicious German food, a large variety of musical entertainment and of course a near endless supply of Beer.  It is a very fun and popular destination no matter what time of year someone visits, but we hope that everyone will be better informed about the increase in law enforcement that this festival brings.

Our Georgia DUI Attorneys welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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The Georgia Magistrate Court has quite a bit of responsibility in the criminal justice and the civil justice process.  This court handles criminal hearings and civil hearings regarding amounts up to $15,000.00 and in some specific cases up to $25,000.00.

1. Criminal Justice :  These courts are responsible for First Appearances, Committal Hearings, Bond Hearings on many issues, as well as warrants. Where warrants are concerned, there are inside and outside warrants.  Inside warrants are those that are brought forward to the Judge by the police, such as arrest or search warrants.  Outside warrants are those that are asked by civilians (public) that the police did not arrest on their own or the police were not aware of the incident.

2.  Civil Justice : These courts are responsible for matters that arise out of disputes such as, landlord tenant, breach of contract or automobile accidents. These cases involve disputes up to the amount of $15,000.00. In the case of automobile accidents, these cases can be heard by the court when the amounts do not exceed the amount of $25,000.00.

You may also be interested in the article about ten common mistakes people make in Small Claims Court on our site as well.

At Breakfield & Associates, Attorneys, our Georgia Criminal Defense Attorneys welcome any questions about Criminal Defense and look forward to helping you with your situation.  Our skilled attorneys regularly participate in Trial Clinics so that we are always practicing with cutting edge techniques and strategies to increase the probability that your case has the best possible chance for a positive resolution.  Please Call or Email us for a free and confidential consultation.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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If you are going to be one of the  thousands of people that will be in Helen, GA from September and October for Oktoberfest,  it is important to remember that the last thing that you want to do is to end your trip to in the hospital or in jail with a DUI arrest.  It is great to enjoy everything that goes along with Oktoberfest, but it is even better to enjoy in moderation and to not get injured or arrested.  Law enforcement will be working to ensure that Helen remains a family friendly environment throughout Oktoberfest.  Therefore, they will be looking for the following crimes:

1. Disorderly conduct and/or fighting.

2. Public urination, etc.

3. Underage drinking.

4. Alcohol possession by a minor.

5. Driving under the influence.

Law enforcement will be on the lookout for those crimes and will arrest you for those acts.

Our Georgia DUI Attorneys welcome any questions about Georgia Criminal Defense, Personal Injury, Accidents and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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One of the more common questions I receive on a Georgia Speeding Ticket, has to do with whether or not the officer showed them that the radar gun or speed gun is calibrated especially with Georgia Super Speeder cases.  Or, that the officer did not show them the read out.  Those are legitimate  questions, but they will not win the case or carry the day;  here’s why.

1. The officers do not have to show you the readout due to officer safety. The police do not want to have a policy where the public is allowed to go into the patrol vehicle for obvious reasons such as, officer safety and driver safety.

2. In regards to calibration, it is important to know that lasers and speed guns do need to be calibrated.  However even if the equipment was not calibrated, most officers are trained in how to estimate speed.  They are able to testify to this in court.  Many judges will find this testimony as credible and sufficient to convict someone of speeding.

3. It is very important that they calibrated their speed guns and it is also fairly easy to do so.  The officer uses a tuning fork , which vibrates at a certain speed, to calibrate the gun.  They need to do this at the start and end of a shift and they need to keep a log of these calibrations.  Determining that the officer followed the correct protocol is important to any defense case.

Our Georgia Speeding Lawyers welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors: John Breakfield and  David B. Purvis  are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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The GA Department of Natural Resources is commonly referred to as the DNR.

Georgia DNR law enforcement are Conservation Rangers, who are typically called Game Wardens.  They have jurisdiction throughout Georgia.  They are charged with enforcing Georgia’s hunting and fishing laws.

Obviously, animals and fish are a natural resource and there are regulations as to when and how they can and cannot be hunted and fished in Georgia.  Game Wardens enforce those regulations as well as GA Laws concerning wildlife conservation, the environment, boating and conducting educational presentations to the public.

Out on Georgia lakes, Game Wardens are one of  the main arms of law enforcement regarding boating regulations and boating under the influence (BUI).  The DNR has a lot of responsibility regarding recreation, hunting and fishing.

The DNR has a wide latitude as far as search and seizure.  They are allowed to go on to people’s lands regarding animal issues.

They may track a poacher and happen to come across an open field that is a methamphetamine lab or a marijuana grow operation.  They can contact law enforcement, such as the Sheriff’s Department to come in and take care of the found contraband from a criminal stand point.

Our Gainesville GA Attorneys welcome any questions about Criminal Defense, Personal Injury, Accidents and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors:  John Breakfield and  David B. Purvis  are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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Georgia State Patrol,  Georgia Highway Patrol, or also known as “troopers”,  have three areas that differentiate them from other law enforcement:

1. They go through the standard training that most law enforcement or all law enforcement go through.  However, they also go through an additional step of training focusing on Georgia traffic.

2. Their primary responsibility is traffic enforcement on highways and interstates of Georgia.  What they do not do is they do not respond to burglaries or investigate murders.  However, in more remote areas, they will assist in emergency situations.  If during the course of a traffic stop, they find that a crime has been committed; they will investigate further.

3. They have a specialty crash response team.  Any time there is a fatality, the law enforcement preference is for them to come out and investigate the crash scene. They can not always make it out to a crime scene. However if they believe that someone will be charged with a vehicular homicide, they will do the crash reconstruction.  They will come out with special equipment and do specialized measurements, take pictures and try to reconstruct who is at fault.

Our Gainesville GA Attorneys welcome any questions about Criminal Defense, Personal Injury and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors:  John Breakfield  David B. Purvis are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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One of the popular things to do in the fall, is to go to Oktoberfest with friends and family.  Along with Oktoberfest comes the beer drinking and eating a lot of German food.  It is a popular destination for college students, but some are not of drinking age and law enforcement officers are definitely mindful of that.

With the beer drinking, it is very important to remember that a festival goer is still under the obligation to not drink and drive.  Before coming to Helen, it is a good idea that people make plans to have a designated driver or a place to stay for the night.  It is very easy to get wrapped up in the activities and forget to have a plan.  It is also very important to remember that law enforcement is well aware of what is going on at Oktoberfest.  They will be on the look out for underage drinking and various acts of suspicious behavior.  Outside of Helen, you can be pretty sure that there will be an increase presence of law enforcement including roadblocks, looking for DUI offenders and alcohol possession by a minor, to make sure that the public is safe during this annual fall festival.

We do not want to deter people from visiting Helen, GA during Oktoberfest.  It is a very fun and popular destination for any time of the year, but we hope that you will be better informed about the increase in law enforcement and the danger of being arrested for a DUI.

Our Georgia DUI Attorneys welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors: David B. Purvis and John Breakfield are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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Not to be confused with Federal versus “State” Courts.  In Georgia, there is actually a level called the State Courts of Georgia.  The State Courts of Georgia have two primary responsibilities:

1. Misdemeanor Criminal trial, which include pleas, arraignments and trials.  They do not handle any felony cases.  Felony cases go to the the Superior Courts.

2. Civil trials, which include cases up to any dollar amount.  They do not handle divorce cases and equitable powers. These two types of cases can only be handled by the Superior Courts.

Please remember the following important points:  First, Georgia State Court is an intermediate court, between the Magistrate and Superior Courts.  Even though this may be their first judgeship, the judges have many years of experience; either as a prosecuting or a defense attorney.  Second, if your case can be handled by either the State or Superior Courts, please consult with an attorney to discuss which court it would be best to hear your case.

Our Gainesville Georgia Lawyers welcome any questions about Criminal Defense and Georgia DUI laws.  Please Call or Email us with any questions, your initial consultation is free and confidential and we look forward to talking to you about how we can help you with your situation.

About the authors:  John Breakfield and David B. Purvis  are Gainesville GA Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.

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When someone has received a Georgia speeding ticket or another minor violation, it tells that person to appear in Probate or Recorder’s Court.  Generally speaking, if it is in a very busy area of the state, they have a State and Superior Court.  So they will have a separate Recorder’s Court.  Or, it will be in a rural area of the state.  Where the Probate Judge, who deals with Wills and Estates, will be in charge of the traffic tickets and other minor violations as well.

It is important to realize that these courts do deal with criminal tickets.  Whether someone is in Recorder’s Court or Probate Court, and that person has a criminal matter, it is very important to have a lawyer.

At Breakfield & Associates, Attorneys, our Georgia Traffic Ticket Attorneys welcome any questions about speeding tickets and traffic violations.  Please Call or Email us with any questions, your initial consultation is free and confidential.  We look forward to talking to you about how we can help you with your situation.

About the authors: John Breakfield and David B. Purvis  are Georgia Lawyers with Breakfield & Associates, Attorneys in Gainesville, Georgia and handle various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of Breakfield & Associates, Attorneys can assist clients throughout Georgia including:  Hall County (Gainesville, Oakwood, Flowery Branch), White County (Helen, Cleveland), Barrow County (Auburn, Bethlehem, Braselton, Carl, Statham, Winder), Lumpkin County (Dahlonega), Gwinnett County (Buford, Duluth, Sugar Hill, Lawrenceville), Jackson County (Braselton, Commerce, Hoschton, Jefferson, Pendergrass), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), Clarke County (Athens) and all of Northeast Georgia.

This article and video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.