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DUI

Spring Break and Drinking-related Arrests

Spring Break is quickly approaching. This year, over 53% of people aged 18-34 plan to travel for the week off. This mean a lot more people on the road and in airports. Attractive Spring Break destinations start filling up with people primarily interested in drinking, socializing, and partying. This environment creates a perfect combination of elements for drinking in excess, which can then translate into a variety of infractions that can lead to an alcohol-induced arrest. 

The stats on drinking during Spring Break

The average spring breaker spends 19 percent of their vacation budget on alcohol. Considering how costly it can be to travel to some of the idyllic destinations for this week off, that could total up to a decent sum. This doesn’t just account for single drinks bought while out. Many college students save money by buying alcohol in bulk and drinking in their hotel or rented house before even heading to bars or clubs. As a result, while on Spring Break, men drink an average of 18 drinks per day, and women drink an average of ten.

Risqué behavior often stems from having too much to drink, when inhibitions go down along with patience. The potential for this problem increases during Spring Break due to the total number of vacationers getting intoxicated each day they’re away. According to Psychology Today, 44 percent of college women and 75 percent of college guys get drunk on a daily basis during Spring Break.

How intoxication gets you arrested

Activities that can lead to an arrest connected to excessive drinking vary. You may not even get arrested for being intoxicated, but rather your behavior while drunk can lead to charges like disturbing the peace or destroying property. Common alcohol-induced arrests consist of:

  • Underage drinking
  • DUI
  • Public intoxication
  • Fighting
  • Damaging property
  • Urinating in public
  • Public indecency 

Even drinking in public can get you charged. This causes confusion for some college students since certain destinations allow open containers in public while others do not. Over Spring Break 2018, in Panama City, for example, over half of the 200 arrests taking place the first few weeks of the season were for drinking on the beach.

Arrests related to any of these activities can lead to criminal consequences, fines, or even jail time. They should all be taken seriously and managed with the help of an attorney with experience handing DUI and alcohol-related charges.

What to do if you find yourself in a squad car

Getting arrested over Spring Break, regardless of the charge, can become exacerbated by how you handle the situation. Even if you’re impaired as a result of alcohol, remember how you behave during the arrest can make a huge difference.

Stay calm and show respect: Regardless of how you feel about the treatment from the officer, be polite and keep your cool. You’ll still get arrested if you’re breaking a law, but good manners go a long way. Good behavior could even increase your chances of getting away with just a warning.

Tell the truth: Do not give a police officer a fake ID or lie about your identity in any way. Getting caught in a lie by the police can add an additional charge to your arrest. Keep it truthful when identifying yourself and your age, even if it means getting caught for underage drinking.

Avoid suspicious behavior: Never do anything that may make an officer feel like their safety is threatened. Never put your hands in your pockets when talking to an officer and never try to resist arrest. If you’re driving and get pulled over, keep your hands on the steering wheel at all times. Ask the officer for permission before reaching to open a glove compartment or purse to get out your license and registration. Acting suspiciously can lead to a serious reaction by police, and you could find yourself injured as a result.

Contact a lawyer for alcohol-related charges

Contacting an experienced attorney, well-versed in cases related to alcohol-related charges as soon as possible after an arrest. Their familiarity with the legal process will help facilitate a smooth transition from your arrest to the next legal steps. Even if you’re out of town, you can contact a lawyer back home for initial support before working with someone local. If you find yourself under arrest over Spring Break, The Patterson Cozzo Law Firm can help. Their case knowledge and personalized attention will assist you in getting the best outcome possible for your case.

Filed Under: Driver Safety, DUI, Traffic Tickets

4 Reasons Why You Need a Lawyer Now

A lawyer in a blue suit stands in front of a staircase.
A good lawyer can help you avoid a bad lawsuit.

It’s not always obvious when a situation calls for the expertise of a lawyer. You could find yourself involved in something that seems so straightforward that it doesn’t occur you to enlist outside help. However, when it comes to things like your physical well-being and personal property, it’s often best to err on the side of caution and consult with an attorney.

Lawyers can help in ways you might not have considered

Most people think of a lawyer, standing in a courtroom, arguing a case, and while that happens, there’s a lot an experienced attorney can do for you outside of the courthouse. The knowledge they have that directly relates to your specific situation can be invaluable in establishing the validity of your case, the compensation you deserve, and the strategy to reach the best possible outcome. They can also:

  • Help you collect evidence to make your case
  • Coach you through a conversation with an insurance company to protect your best interests
  • Conduct an independent evaluation of your case to help establish fault
  • Guide you through the legal process to ensure you take all the proper steps for proceedings
  • Serve as your advocate

Having a dedicated attorney on your side when facing situations like personal injury, car accidents, DUI offenses, and even traffic tickets can positively impact the outcome of your case and help you reach the best outcome possible.

Personal Injury

Suffering a personal injury can result in physical, emotional, or mental issues that can lead to costly medical expenses. Some injuries can take a prolonged amount of time to heal, causing you to lose income from missing work in addition to paying extra bills. If your personal injury was caused by the negligence of another, you’re entitled to receive compensation. Some examples of personal injury cases include injuries sustained in a car or motorcycle accident, dog bites, medical malpractice, slips or falls, product liability, and wrongful death.

There are three main requirements to establish a personal injury case.

  1. Did you suffer more than just property damage in the situation?
  2. Was the injury caused because of the negligence of another person or entity?
  3. Are there recoverable damages?

In some situations, negligence can be difficult to establish, but a personal injury attorney can help you navigate the process of compiling your case.

Car Accident

Whenever a car accident involves physical injury, fatality, or significant property damage, a lawyer can help you get the compensation you deserve to cover your losses. The key is to contact an attorney early so they can help you through the process from the start. When insurance companies are asking you to provide a statement and medical costs and car repairs begin taking place is an important time to have the knowledge of an experienced attorney behind you, protecting your interests and helping you assess the full damage of the accident so you can be properly compensated.

DUI Defense

After you’ve been charged with a DUI, it’s imperative you engage a lawyer who can act quickly on your behalf. This can help save your license, if it’s at risk of suspension, as well as jumpstart the process of collecting evidence to use in your defense. Even if you’ve been charged, there’s no guarantee you’ll be convicted as guilty, so there’s still time to fight with the help of a DUI defense lawyer.

Georgia DUI laws are intricate, with established parameters for fines, license revocation, jail time, fees, and probation costs. With a clear understanding of all these details, a DUI lawyer knows when to challenge the validity of a DUI charge, working toward the ultimate goal of ensuring your rights are protected and the best possible outcome is obtained.

Traffic Tickets

Getting a ticket for speeding or something non-accident related doesn’t mean you simply have to pay. Working with an attorney in situations like these can provide you with a better understanding of the possible solutions to your case and the best course of action to take. You don’t have to navigate the system alone, lose when a violation could result in more than just a fine.

The added protection of an attorney can help prevent you from dealing with increased insurance rates, jail time, or a license suspension. Even if you feel as if the ticket is very cut-and-dry, lean on the expertise of an attorney to ensure you’re handling things in a way to reach the best conclusion for you.

Partner with the right law firm to get results

Scrabble tiles in a line spelling "laywer."
It's easier to win if you line things up in your favor.

Whichever situation you find yourself involved in, the first thing to do is not panic. The second thing? Contact a lawyer specializing in cases like yours.

At The Patterson Cozzo Law Firm, each of these practice areas is addressed by an accomplished attorney who will treat your case with care and respect. Through personal attention and a wealth of knowledge, our law team works to get you the best results possible for your case.

Contact us today to set up a free consultation in any of these practice areas.

Filed Under: Car Accidents, Dog Bites, Drunk Driving, DUI, In The Courtroom, Medical Malpractice, Personal Injury, Slip and Fall, Traffic Tickets, Trucking Accidents
Tagged With: legal process, legal support, why you need a lawyer

Preventing a DUI

A taxi in traffic at night
Calling an Uber or other taxi is perhaps one of the easiest ways to avoid getting a DUI.

When you get pulled over under suspicion of a DUI, police, among other things, often request a test of your blood alcohol content (BAC) to attempt to determine if you driving under legal limits, not impaired and safe to operate a motor vehicle. Following the one drink per hour rule can help you stay within legal levels.

The one drink per hour rule

It is a good rule of thumb to try and have only one drink per hour. This is a surefire way to keep your BAC within legal limits. While having more than one drink may still keep you within safe limits, it’s important to note that an average male hits a dangerous BAC range after only having three drinks in a single hour.

Not fully understanding what constitutes one drink is the primary reason this practice fails. The definition of a drink isn’t about the size of the glass, but rather the amount of alcohol within that drink. An average beer is around 12 ounces and is 5% alcohol. This equals a single drink.

As the alcohol content rises, the size of your drink will decrease. While 12 ounces of beer is okay, wine drinkers can have about 5 ounces in a single glass. If you’re drinking something a little stronger, a single shot may equal a drink, which would be all you can safely have within an hour.

You’re an average man, around 180 pounds, out for the night and have five drinks in a single hour. Three hours later, your senses are still impaired and you really shouldn’t drive. Five hours later your BAC is almost back to zero, but this is five hours without any additional drinks. An average woman, weighing around 160 pounds wouldn’t be safe to drive five hours after having five drinks.

Surefire ways to avoid getting a DUI

Because it’s so easy to accidentally drink too much to safely drive, it’s best to not drive yourself if you’re going out for the night. There are so many alternatives to driving today should you need them, including:

  • Taxis, Uber, Lyft – the options to have someone else drive you to and from a night out have multiplied significantly in the last few years. It’s now so much easier to secure a ride. You just use your phone, wait a little while, and safely get home.
  • Designate a driver – if you often go out in a larger group, taking turns as the designated driver helps ensure your whole friend group safely gets home.
  • Stay put – if your night out takes place at a friend's house, don't be afraid to ask if you can crash on their couch. If you don't feel safe driving, staying where you are can be the best option to ensure your safety without leaving your car behind. 

If you have to drive, there are now apps to help you control your BAC. Check out this list of options which all help you determine whether or not you've had too much to drink to drive. Please remember though, these aren't 100% accurate.  Your safest option and the best away to avoid a DUI is to not drive and find an alternative way home.

What to do if you get a DUI

 Getting convicted of a DUI stays on your driving record permanently, so it’s important to talk to an experienced attorney before going to court. Should you get a DUI, contact a law firm well-versed in handling this type of charge. Not only can they help you navigate the legal process, but they may prevent you from paying typical penalties such as fines and court fees.

Working with a lawyer may also help prevent more serious penalties such as jail time and a license suspension. The talented team at The Patterson Cozzo Law Firm offer a free consultation to review your DUI case. Contact them today to get the help and personal attention your case needs.

Filed Under: Driver Safety, DUI, Safety Tips, Traffic Tickets
Tagged With: BAC, DUI, one drink, what to do

What To Do If You Get A DUI

When you find yourself in the unfortunate situation of getting a DUI, a lot of things can happen quickly. From being pulled over, to being asked to perform sobriety tests, to being ticketed and even arrested. The whole process can be jarring and challenging to navigate. It’s important to know what to expect when you get a DUI and how to protect yourself throughout the process.

Several glasses are raised in a toast-like fashion.
We hope these people have a designated driver.

Consequences of a DUI

The range of consequences should you be convicted of a DUI are pretty large. Most charges come with some jail time and a fine, but more serious outcomes can occur. In Georgia, the severity of the results of a DUI charge are directly related to how many prior DUIs you have had and how many years between those DUIs.

Assuming you’re 21 or over at the time of your charge, the Official Code of Georgia Annotated, under Section 40-6-391 provides the following punishments:

Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor, upon a third conviction thereof, be guilty of a high and aggravated misdemeanor, and upon a fourth or subsequent conviction thereof, be guilty of a felony except as otherwise provided in paragraph (4) of this subsection and shall be punished as follows:

(1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $300.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph;

(C) Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion such evaluation may be waived; and

(F) If the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated;

(2) For the second conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (f) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated;

(3) For the third conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration;

(C) Not fewer than 30 days of community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of 12 months less any days during which the person is actually incarcerated;

(4) For the fourth or subsequent conviction within a ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted:

(A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation;

(B) A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose;

(C) Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service;

(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program;

(E) A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; and

(F) A period of probation of five years less any days during which the person is actually imprisoned;

This is a lengthy list of penalties, but these are only the primary consequences to getting convicted of a DUI. A judge can order additional penalties be added to your sentence, including the use of an interlock ignition device. These devices are temporarily installed in your car. You have to blow into them to start your car and keep blowing into them at regular intervals along your drive. If you fail to blow at a safe alcohol level, your car won’t start for a set amount of time.

Hiring an attorney

A white, neon sign that says, "BAR."
Make sure you hire an attorney if you get a DUI.

Being charged with a DUI is serious, and you should strongly consider engaging a Georgia DUI defense attorney to help navigate the process. Relying on their expertise may help get your charges reduced and/or decrease the amount of punishment you receive should you be convicted or plead guilty. A lawyer can adequately review the particulars of your case and may even be able to get it dismissed.

First and foremost, an attorney can advise you on whether to plead innocent or guilty to the charges. Proving innocence depends on the evidence – is there enough available to challenge the charge? Secondly, they’ll want to know what your blood alcohol level (BAC) was at the time of your arrest. In Georgia, if your BAC is .08 or more, you may not be able to avoid a conviction.

However, a qualified attorney may be able to challenge the validity of the BAC results if proper evidence is available. Lastly, should you be guilty, a lawyer can help with a plea bargain which may minimize your sentence and reduce penalties.

Finding the right attorney requires you to look for a few specific qualifications:

  • Familiarity with Georgia DUI laws.
  • How many cases they’ve handled.
  • What fees are associated with this type of case (you get what you pay for in this instance, so it is generally not advisable to hire the cheapest lawyer you can find.)
  • How much time they’ll personally give to you and your case.
  • Have they handled cases in the county and/or city courts where your case is pending and do they have a good working relationship with the prosecutors in those courts.

At The Patterson Cozzo Law Firm, we pride ourselves on not only our expertise in the cases we take on, but also in the level of personal attention we give to our clients. As Georgia locals, our team understands the intricacies of Atlanta DUI laws as well as the need to act quickly after a DUI charge. Handing your case from start to finish quickly and carefully allows us to present the strongest defense possible with the goal of getting you an optimal outcome. Consultations are free. Learn how you can set up one today.

Filed Under: DUI

5 Things You Need To Do If You’ve Been Hit By A Drunk Driver

Toy Cars accident with alcohol drink.

Merriam-Webster defines the word accident as, “a sudden event (such as a crash) that is not planned or intended and that causes damage or injury.” While many automobile accidents are just that, when an accident occurs because of a drunk driver, things get a little more complicated.

When a driver chooses to get behind the wheel despite being intoxicated, they are taking a risk with not only their property and life, but those of the people around them. This kind of negligence has caused countless numbers of injuries and deaths.

Unfortunately, while the police force here in Atlanta is doing all they can to keep drunk drivers off the roads, they are outnumbered and some drunk drivers fall through the cracks.

According to Mothers Against Drunk Driving (MADD), the average drunk driver has driven drunk 80 times before their first arrest, and about one-third of all drivers arrested or convicted of drunk driving are repeat offenders.

A drunk driver’s victim will know first hand that the main cause in a DUI accident is the negligence of the other driver who chose to get behind the wheel while intoxicated, despite the knowledge of the dangers of drinking and driving.

Because of that fact, it is important to treat drunk driving injury cases with care. If you’ve been hit by a drunk driver, make sure to do the following 5 things:

1. Call the proper authorities

This may seem simple, but many people do not call the police or an ambulance if they have been in an accident. Calling the police and having them file a report is very important. It puts a non-biased professional on the scene. A police report can help immensely if you need to go to court. Documentation is key in many court cases, and a police report will be a powerful document to not only prove that the driver was drunk, but also the level of his or her drunkenness. You will also need to seek medical help for your injuries. Seeking medical help gets you the help you need while also creating yet another paper trail of professionals that will come in handy in a courtroom.

2. Get the drunk driver’s information

Depending on the severity of your injuries, you may need to rely on someone else to do this. The police on the scene will be a good source for this information if you are not well enough to get it yourself.

3. Call a personal injury lawyer

It is important to understand what your rights are when you have been in an accident. For instance, you may be contacted from an insurance company or one may even come to the scene of the accident. A lawyer will remind you that you do not have to speak to either your insurance company or the drunk driver’s insurance company. In this example, an experienced Atlanta DUI lawyer will have protected you from having your words come back to haunt you at a later date.

4. Make a list of witnesses

Retrieve their contact information. A witness will be able to further prove your claims in the future, but only if you know who they are and how you can contact them.

5. Document everything

The more documentation you have, the better. If you are injured it can be helpful to keep a journal of your recovery. An injury journal is a great way to record your pain levels and the length of time it has taken for you to recover. If you keep a detailed recovery journal you will have a better idea of the severity of your injuries and the dates of any procedures or therapy appointments that you have attended. This kind of journal not only helps you in your communication with your doctors or specialists, but may be used if you need to go to court.

If you have been in an Atlanta accident with someone who was drinking, call The Patterson Cozzo Law Firm at 770-422-8840.

Filed Under: Car Accidents, Drunk Driving, DUI, Personal Injury

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