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Raymond V. Giudice, P.C.

Suite 780
THE PINNACLE BUILDING
3455 Peachtree Road
Atlanta, GA 30326

Phone: 404-913-0000
Fax: 404-554-8801
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Atlanta Criminal Law Blog

Is the legal blood-alcohol limit for driving going to change?

Earlier this week, the National Transportation Safety Board published a report of several recommendations aimed to curb drunk driving. One of these recommendations is garnering quite a bit of attention in the media--that of lowering the legal blood-alcohol limit from .08 to .05 percent in every state, including Georgia.

While the NTSB's goal in lowering the limit is to prevent drunk driving car accidents, this suggestion is quite interesting because the NTSB's statistics show that most fatal drunk driving accidents actually tend to involve drivers who are way over the .08 percent limit.

No criminal charges for teacher who taped childrens' mouths shut

In recent years there have been a number of controversies surrounding people facing criminal charges for actions that may not actually be crimes. We are seeing this more and more in the schoolyard, where kids are ending up being arrested for things that not too long ago would have resulted in nothing more than detention or a visit to the principal's office. Food fights, talking back and horseplay used to lead to a slap on the wrist, and now they may lead to handcuffs.

The line between what constitutes bad or inappropriate behavior and a violation of criminal law has also become blurred for adults. For example, CBS Atlanta reported that police were recently called to a second-grade classroom in another state after at least one student's mother reported that a teacher's disciplinary tactics may amount to child abuse.

Survey finds almost 1 in 4 teens drink and drive

A couple of weeks ago we wrote about how common it is for college students to get their hands on fake IDs and drink underage. College students, however, are not the only minors who are consuming alcohol here in Atlanta. A recent report suggests that a staggering number of high school students are not only drinking alcohol, but they are driving drunk.

Students Against Destructive Decisions and Liberty Mutual insurance conducted a survey and found that about 23 percent of teenagers admitted to driving under the influence of alcohol or drugs. More shocking than the number of teens who may be behind the wheel under the influence is the fact that the teens may not really understand the consequences. About 20 percent of teens who said they drive under the influence of alcohol said that they think alcohol improves their driving. When it came to marijuana users, 34 percent of them thought that getting high made them better drivers.

Atlanta-based rapper is acquitted in drug case

When people face drug charges, one of the most important things they can do is to make sure they understand their rights and legal options. This is often where criminal defense attorneys come in. Depending on a number of factors--including the circumstances of the arrest, the evidence and the person's criminal history--it may be more favorable to choose to negotiate a plea deal or to fight the charges at trial. It is beneficial to work with a criminal defense attorney in order to make the best decisions.

In a recent drug possession case, an Atlanta-based rapper has been acquitted at trial. Rapper 2 Chainz had been accused of possessing marijuana and drug paraphernalia in Maryland back in February.

Fake IDs common among college students in the US

For many college students in Georgia and across the country, obtaining a fake driver's license is a common occurrence - often allowing students to go to the bar with their friends who may even be in the same grade. The legal drinking age is 21 years old, meaning most college students will reach this milestone while they are in school.

In Peachtree City, police get tough on drunk golf cart drivers

As we have previously discussed in this Atlanta Criminal Law Blog, Georgia state law is very tough on drunk drivers. In fact, people can get arrested not only for driving a car while intoxicated, but also for driving other motor vehicles such as boats, lawnmowers or golf carts. In Fayette County, authorities are planning to crack down on golf cart DUIs.

In Peachtree City specifically many residents own golf carts. According to a recent news report, there are more than 10,000 registered golf carts in the city and many people use them not only for golfing, but for transportation.

Georgia high school teacher may see 25 years for sex with student

Anyone who faces charges for a sex crime in Georgia is likely in for an uphill battle. Sex crimes come with a major stigma, and people are often assumed guilty before the evidence is even presented. And, of course the stakes are very high in sex crimes cases. Not only do convictions for sex crimes typically result in significant jail time, but they also ruin reputations and career opportunities for years to come.

A former Cobb County high school teacher and coach was charged with sexually assaulting a student last week after having been arrested last June. Although the high school student in this case was at least 18 years old at the time relations may have occurred, consensual sex between a high school teacher or administrator and a student is illegal in Georgia even if the student is an adult.

Georgia man faces several charges related to alleged road rage

Road rage can be a serious problem on Atlanta's roads. It is important that those who suffer from road rage seek treatment in order to get help before their rage gets them into trouble. Additionally, those who do face criminal charges for road rage incidents should be sure to seek legal counsel in order to resolve the case in a way that best protects their interests.

Earlier this week, a Georgia man was arrested in Cherokee County after an alleged incident involving road rage. He is now facing nine criminal charges, including driving under the influence and making terroristic threats.

Georgia may tighten boating and drinking law

When we discuss drunk driving in this Atlanta Criminal Defense Law blog, we are typically talking about people who face DUI charges after being arrested behind the wheel of a car or truck. Georgia's drunk driving laws apply not only to road vehicles, however. In fact, people can face steep consequences for driving a golf cart, lawn mower or boat while under the influence of alcohol. Georgia's lawmakers have recently come together to actually tighten boating under the influence laws even further, so any boaters should pay attention to that legislation.

As it stands, it is illegal to drive a boat with a blood alcohol content of .10 or higher. This is a bit higher than what is allowed in a land motor vehicle. It is currently illegal to operate a motor vehicle on Georgia's roads with a blood alcohol level of .08 or higher. New legislation would lower the boating blood alcohol level to .08 as well.

Drug-sniffing dogs get Supreme Court's stamp of approval

More than a year ago in this Atlanta criminal law blog, we discussed a U.S. Supreme Court Case that would determine whether drug-detecting police dogs are violating the Fourth Amendment rights of Americans when they go sniffing around. The Fourth Amendment protects citizens from unlawful searches and seizures and this is why police need search warrants in most cases.

The high court did rule late last month that if a drug dog alerts an officer that it smells drugs, the alert in itself gives the officer the probable cause that he or she needs to conduct a search.

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