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    <title>Gwinnett County Criminal Defense Attorney Blog | Georgia Drivers License Suspension Lawyers | Lawrenceville Reckless Driving Attorney</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/" />
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    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2009-12-03://1961</id>
    <updated>2012-01-29T17:46:35Z</updated>
    <subtitle>Gwinnett County criminal defense attorney James M. Miskell, P.C. defends Georgia residents against speeding tickets.</subtitle>
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<entry>
    <title>Teen driver studies: Upped crash risks with other teens in the car</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/02/teen-driver-studies-upped-crash-risks-with-other-teens-in-the-car.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.191274</id>

    <published>2012-02-02T17:04:00Z</published>
    <updated>2012-01-29T17:46:35Z</updated>

    <summary>Two recently released studies conducted by Children&apos;s Hospital of Philadelphia and State Farm Insurance show how teen drivers with other teen passengers are more prone to speeding and accidents. When teens are driving with multiple passengers, they tend to consider...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Young Drivers Under 18" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="statefarminsurance" label="State Farm Insurance" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="accidents" label="accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="driveaggressively" label="drive aggressively" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="speeding" label="speeding" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="teendrivers" label="teen drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Two recently released studies conducted by Children's Hospital of Philadelphia and State Farm Insurance show how teen drivers with other teen passengers are more prone to <a href="http://www.attorneymiskell.com/Criminal-Defense/Traffic-Violations.shtml" target="_blank">speeding</a> and accidents.</p>
<p>When teens are driving with multiple passengers, they tend to consider themselves just out for fun and generally have few restrictions set by parents. Also, male and female drivers are often distracted or engaged in other actions just prior to accidents.</p>]]>
        <![CDATA[<p>Allison Curry, director of epidemiology at the Center for Injury Research and Prevention, conducted the research, and said most parents and teens are not aware of the dangers.</p>
<p>"Among the teens who said they were distracted by something inside the vehicle before they crashed, 71 percent of males and 47 percent of females said they were distracted directly by the actions of their passengers," noted Curry.</p>
<p>Stark differences between male and female drivers were also discovered. Male drivers who had teen passengers were six times as likely to drive illegally and twice as likely to drive aggressively compared to when they were without passengers. Female drivers seldom showed aggressive driving tendencies prior to a crash, regardless of whether they had passengers.</p>
<p>The study by State Farm Insurance reported that parents should be aware of their teens' driving habits. "It's critical that parents stay involved in their teens' driving beyond the learner permit phase," said Chris Mullen, research director at State Farm.</p>
<p>Current Georgia law states that teen drivers are restricted to only immediate family members in the car during the first six months after acquiring a driver's license.</p>
<p><strong>Source: </strong>Atlanta Journal-Constitution, "<a href="http://www.ajc.com/news/risky-business-teens-driving-1314975.html" target="_blank">Risky business: Teens driving with other teens</a>" Joe Provano, Jan. 24, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Breathalyzer DUI evidence continues to be hot-button subject</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/breathalyzer-dui-evidence-continues-to-be-hot-button-subject.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.185282</id>

    <published>2012-01-31T15:02:00Z</published>
    <updated>2012-01-24T18:30:48Z</updated>

    <summary>Judges in neighboring Florida apparently aren&apos;t overly impressed by a recent attempt from the Florida Department of Law Enforcement (FDLE) to convince them that the Intoxilyzer 8000 alcohol-testing device is unerringly accurate. In fact, a panel of judges convened in...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="intoxilyzer8000" label="Intoxilyzer 8000" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="alcoholtestingdevice" label="alcohol-testing device" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="breathalyzerevidence" label="breathalyzer evidence" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="breathalyzerreliability" label="breathalyzer reliability" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Judges in neighboring Florida apparently aren't overly impressed by a recent attempt from the Florida Department of Law Enforcement (FDLE) to convince them that the Intoxilyzer 8000 alcohol-testing device is unerringly accurate.</p>
<p>In fact, a panel of judges convened in a hearing before which the FDLE sought to convince them of the breathalyzer's reliability and key utility in <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving</a>&nbsp;stops rejected the presentation as being scientifically questionable.</p>]]>
        <![CDATA[<p>The media and state taxpayers are now questioning the department, as well.</p>
<p>The reason why: Taxpayer dollars funded a recent "experiment" in which 15 state employees drank heartily at a "booze and Doritos party," the purpose which was stated to be an assessment of breathalyzer reliability.</p>
<p>Specifically, the employees -- mostly law enforcement agents -- drank beyond legal limits and then blew into breathalyzers. Their blood was also drawn and sent to a testing laboratory. The party was filmed by video camera.</p>
<p>A strong catalyst for the experiment was law enforcement's defensive attitude in light of many recent challenges to the machines that have questioned their accuracy and the way they are used. Breathalyzer evidence has been questioned or thrown out in cases in many states, including Georgia, within the past couple years.</p>
<p>A testing "expert" from the FDLE said the tests confirmed that the machines provide accurate readings.</p>
<p>Aligned with the judges in questioning the results, a doctor and biostatistics consultant stated that the test was simply too small and isolated to be useful.</p>
<p><strong>Source</strong>: Syracuse Post-Standard, "<a href="http://www.syracuse.com/news/index.ssf/2012/01/florida_department_of_law_intoxilyzer_breathalyzers.html" target="_blank">Florida pays stare employees for drinking party to test breathalyzers</a>" Geoff Herbert, Jan. 23, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Expert&apos;s view: Georgia needs to stop high-speed police chases</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/experts-view-georgia-needs-to-stop-high-speed-police-chases.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.184289</id>

    <published>2012-01-27T20:02:00Z</published>
    <updated>2012-01-23T00:23:36Z</updated>

    <summary>Eugene Elander, a retired hazard mitigation consultant from New Hampshire and Vermont now living in Georgia, recently wrote an opinion piece for the Atlanta Journal-Constitution in which he lamented what he calls &quot;unwise and unnecessary high-speed police chases in Georgia.&quot;...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Driving Offenses" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="kathyporter" label="Kathy Porter" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="equalprotectionunderthelaw" label="equal protection under the law" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="helicoptersurveillance" label="helicopter surveillance" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="highspeedpolicechases" label="high-speed police chases" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="minortrafficviolation" label="minor traffic violation" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="tirepuncturestrips" label="tire-puncture strips" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Eugene Elander, a retired hazard mitigation consultant from New Hampshire and Vermont now living in Georgia, recently wrote an opinion piece for the Atlanta Journal-Constitution in which he lamented what he calls "unwise and unnecessary high-speed police chases in Georgia."</p>
<p>Elander wrote in the near wake of the tragic death of Kathy Porter, the wife of Atlanta Braves trainer Jeff Porter, who was slammed into on New Year's Day by a state police officer who had joined in the chase of a motorcyclist being pursued for a minor <a href="http://www.attorneymiskell.com/Criminal-Defense/Traffic-Violations.shtml" target="_blank">traffic violation</a>.</p>]]>
        <![CDATA[<p>A point that Elander centrally makes in his recent article: That trooper was not even part of the contingent originally pursuing the biker. Rather, he reportedly was speeding on Atlanta streets and even ran a red light to join the pursuit. Multiple witnesses state that the trooper was not using his siren while maneuvering to join the chase.</p>
<p>In Elander's view, there is never a time when a high-speed chase is justified in order to stop an offender wanted for a minor traffic transgression. There is simply too much at stake and, as the Porter outcome demonstrates, too much to lose.</p>
<p>Moreover, Elander argues that putting the public at such a risk violates the constitutional right of motorists to equal protection under the law.</p>
<p>There are other ways, says Elander, that are just as effective at stopping traffic offenders and far less dangerous to innocent third parties. He references barricades and tire-puncture strips, for example, as well as helicopter surveillance and other methods.</p>
<p>In Elander's view, the high-speed police chase, in less than exigent circumstances, is a "dangerous and abusive practice."</p>
<p><strong>Source</strong>: Atlanta Journal-Constitution, "<a href="http://www.ajc.com/opinion/high-speed-pursuits-not-1291164.html" target="_blank">High-speed pursuits not justified</a>" Eugene F. Elander, Jan. 5, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Update on Ex-Miss USA drunk driving charge, trial </title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/update-on-ex-miss-usa-drunk-driving-charge-trial.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.184181</id>

    <published>2012-01-24T21:02:00Z</published>
    <updated>2012-01-22T14:58:44Z</updated>

    <summary>A notable DUI case continues, with updated details concerning last December&apos;s drunk driving charge against former Miss USA Rima Fakih emerging last week. We summarized the initial developments in that story for our readers in a December 6, 2011, blog...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="dui" label="DUI" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="rimafakih" label="Rima Fakih" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="bloodalcoholcontent" label="blood-alcohol content" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="breathtests" label="breath tests" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="designateddriver" label="designated driver" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>A notable DUI case continues, with updated details concerning last December's <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving</a> charge against former Miss USA Rima Fakih emerging last week.</p>
<p>We summarized the initial developments in that story for our readers in a December 6, 2011, blog post. At the time the story was first reported -- and as we dutifully noted in our post based on the information that was available at the time -- Fakih was spotted by a Detroit-area police officer in the early morning hours of December 3 after she pulled the car she was driving over to a curb, realizing that she was too intoxicated to drive.</p>]]>
        <![CDATA[<p>She had been serving as the designated driver, given that her companion had been drinking throughout the evening. Media reports at the time did not indicate what Fakih's blood-alcohol content was when she was stopped.</p>
<p>Police now say that two breath tests were administered to Fakih, with the results being 0.20 percent and 0.19 percent, respectively, both those amounts being more than two times above the legal threshold for drunk driving.</p>
<p>Reports now stress Fakih's assertion that she wasn't drinking at all that night, so there is clearly a disconnect between the two sides in the case.</p>
<p>That case is scheduled for a March 14 trial date, unless a plea deal is reached.</p>
<p>Fakih won the Miss USA pageant in 2010, being the first-ever Arab-American woman to capture the title.</p>
<p>Her attorney says she is remorseful, wants to put the matter behind her and is "a woman of substantial character."</p>
<p><strong>Source</strong>; Huffington Post, "<a href="http://www.huffingtonpost.com/2012/01/19/rima-fakih-in-court_n_1215974.html" target="_blank">Rima Fakih, Ex-Miss USA, appears in Mich. court on drunk driving charge</a>" Ed White, Jan. 18, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Should Georgia study data on legal pot, lower traffic fatalities?</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/should-georgia-study-data-on-legal-pot-lower-traffic-fatalities.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.181332</id>

    <published>2012-01-19T15:04:00Z</published>
    <updated>2012-01-15T14:13:39Z</updated>

    <summary>A recent study reveals that states that have legalized the use of medical marijuana also have fewer deaths related to traffic accidents. More research is needed to determine whether the revelation is causal or coincidence, but the study suggests that...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Young Drivers Under 21" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="drunkdrivingaccidents" label="drunk driving accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="legalization" label="legalization" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="medicalmarijuana" label="medical marijuana" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="trafficaccidents" label="traffic accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>A recent study reveals that states that have legalized the use of medical marijuana also have fewer deaths related to traffic accidents. More research is needed to determine whether the revelation is causal or coincidence, but the study suggests that medical marijuana legalization could impact the incidence of <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving</a> accidents and car crashes involving young drivers.</p>]]>
        <![CDATA[<p>Only 15 states -- none in the South -- have legalized marijuana for medical use. In 2011, measures to legalize the drug failed in Alabama, Florida and North Carolina. However, Georgia legislators and voters could take a new look at the issue if it is proven that legalization could save lives.<br /><br />Professors from Montana State University and the University of Colorado Denver conducted the study. Medical marijuana is legally available in both Montana and Colorado; the study involved data from Montana, Rhode Island and Vermont.</p>
<p>The researchers discovered a decrease of nine percent in traffic deaths in states that legalized marijuana. They believe that passage of medical marijuana legislation results in young people often opting to use marijuana rather than drink alcohol. The research also suggests that drivers who have used marijuana may be less impaired than drunk drivers.<br /><br />Critics who are skeptical of the study note that there is no clear evidence that medical marijuana makes people more likely to smoke pot than to self-medicate with alcohol. Some age groups reported an increased use of marijuana, while others did not. Critics also note that researchers have not analyzed data in states where marijuana is illegal. The study is currently undergoing peer review.</p>
<p><strong>Source</strong>; Huffington Post, "<a href="http://www.huffingtonpost.com/2011/12/30/legalized-marijuana-lower-traffic-deaths_n_1176856.html" target="_blank">States that legalized medical marijuana saw fewer traffic deaths</a>" Dec. 30, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>Georgia near top in safety poll; teens, GDL program still a concern</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/georgia-near-top-in-safety-poll-teens-gdl-program-still-a-concern.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.180515</id>

    <published>2012-01-17T15:04:00Z</published>
    <updated>2012-01-12T22:14:01Z</updated>

    <summary>A just-issued national traffic-safety report makes reference to the 1,244 people who died in Georgia in car accidents during 2010, as well as to the nearly $8 billion in costs accrued related to those crashes and fatalities. That is certainly...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Young Drivers Under 18" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="2012roadmaptostatehighwaysafetylaws" label="2012 Roadmap to State Highway Safety Laws" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="duicrashes" label="DUI crashes" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="graduateddriverslicensing" label="graduated driver&apos;s licensing" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="speeding" label="speeding" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="teendrivers" label="teen drivers" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>A just-issued national traffic-safety report makes reference to the 1,244 people who died in Georgia in <a href="http://www.attorneymiskell.com/Criminal-Defense/Traffic-Violations.shtml" target="_blank">car accidents</a> during 2010, as well as to the nearly $8 billion in costs accrued related to those crashes and fatalities.</p>
<p>That is certainly sobering and, owing to collisions, speeding, DUI crashes, reckless driving, distracted driving and other problems behind the wheel, similarly dismal numbers come from virtually every state.</p>]]>
        <![CDATA[<p>There is a difference, though. According to the 2012 Roadmap to State Highway Safety Laws, complied by the safety group Advocates for Highway and Auto Safety (AHAS), Georgia is among the minority of states that merits special mention for being a comparatively safe locale for driving.</p>
<p>In fact, the organization ranks the state as a "green" state, meaning that, along with 16 other states, it has "significantly advanced toward adoption of all Advocates' recommended highway safety laws."</p>
<p>There are 15 such laws (e.g., primary enforcement seat belt law; first-offender ignition interlock requirement; absolute cell phone ban; all-rider motorcycle helmet law, etc.). In the view of AHAS, a state with every law on the book would constitute a near-perfect driving environment.</p>
<p>In AHAS's rating system, Georgia scores out at a 10.5, which is comparatively high.</p>
<p>AHAS researchers say it can do even better by making just a few select changes. As we noted in a recent blog post, the state is not among those that requires installation of an ignition interlock device for first-time DUI offenders. AHAS would like to see that changed.</p>
<p>Additionally, the organization is focused on teen drivers and the state's graduated driver's licensing system, which it thinks can be improved.</p>
<p>Specifically, AHAS recommends that the minimum age for a learner's permit be bumped up from 15 to 16. Additionally, it suggests changing the secondary enforcement of nighttime restriction violations to primary enforcement.</p>
<p>Last, it recommends implementing a tight passenger restriction provision on drivers in the GDL program.</p>
<p><strong>Source</strong>: Sacramento Bee, "<a href="There%20is%20a%20difference,%20though.%20According%20to%20the%202012%20Roadmap%20to%20State%20Highway%20Safety%20Laws,%20complied%20by%20the%20safety%20group%20Advocates%20for%20Highway%20and%20Auto%20Safety%20(AHAS),%20Georgia%20is%20among%20the%20minority%20of%20states%20that%20merits%20special%20mention%20for%20being%20a%20comparatively%20safe%20locale%20for%20driving." target="_blank">2012 Roadmap to State Highway Safety Laws shows fiscal impact of highway safety gaps</a>" Jan. 11, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>UGA police investigating large fake ID ring</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/uga-police-investigating-large-fake-id-ring.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.179087</id>

    <published>2012-01-12T20:02:00Z</published>
    <updated>2012-01-10T13:31:05Z</updated>

    <summary>Detailed news is emerging concerning what law enforcement agents and University of Georgia (UGA) police in Athens say was a well established fake ID ring that provided false identification to many hundreds of students. The IDs were reportedly widely used...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Young Drivers Under 21" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="universityofgeorgia" label="University of Georgia" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="driverslicenses" label="driver&apos;s licenses" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fakeidring" label="fake ID ring" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="felony" label="felony" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="underagedrinking" label="underage drinking" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Detailed news is emerging concerning what law enforcement agents and University of Georgia (UGA) police in Athens say was a well established fake ID ring that provided false identification to many hundreds of students.</p>
<p>The IDs were reportedly widely used for <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">underage drinking </a>and were stated to be of exemplary quality. They were sold at amounts ranging from $50 to $100. Evidence that has been gathered includes expensive printers, laptops, iPhones, magnetic strip ID cards and hologrammed laminates of driver's licenses from Georgia, Florida, South Carolina and other states.</p>]]>
        <![CDATA[<p>Investigation into what police say was a ring of several persons -- including manufacturers and couriers -- began last autumn when a student in a UGA dorm approached campus police out of her concerns that her roommate's involvement with the scam would eventually get her into trouble, as well. That student is not a suspect in the case.</p>
<p>However, her initial tip off of the scheme resulted in police officers arresting the roommate on a felony charge of possessing and distributing fake IDs. Investigators then obtained warrants to search several premises, including a student's home and a fraternity, where substantial evidence was uncovered.</p>
<p>Police were also able to examine one of the suspect's emails and phone text messages, which provided the names of numerous persons inquiring about the IDs</p>
<p>In the investigation's early phase, students with fake IDS were allowed to hand them in to UGA police without facing questions or penalties. More than 300 cards were turned in.</p>
<p>UGA Police Chief Jimmy Williamson says that his department expects "a multitude of arrests" and that the investigation could lead "to other institutions and other geographic locations."</p>
<p><strong>Source</strong>: Red and Black, "<a href="http://redandblack.com/2012/01/08/university-police-uncover-fake-id-network/" target="_blank">University police uncover fake ID network</a>" Jan. 8, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>Georgia not yet among states with first-time DUI interlock law</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/georgia-not-yet-among-states-with-first-time-dui-interlock-law.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.177082</id>

    <published>2012-01-09T16:04:00Z</published>
    <updated>2012-01-05T22:27:48Z</updated>

    <summary>When the national group Mothers Against Drunk Driving (MADD) announced in 2006 its initiative to eliminate drunk driving completely in every state in the country, only one state required persons convicted of a DUI offense to install ignition interlocks in...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="americanbeverageinstitute" label="American Beverage Institute" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="duioffense" label="DUI offense" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="madd" label="MADD" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ignitioninterlocks" label="ignition interlocks" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>When the national group Mothers Against Drunk Driving (MADD) announced in 2006 its initiative to eliminate <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving</a> completely in every state in the country, only one state required persons convicted of a DUI offense to install ignition interlocks in their vehicles.</p>
<p>That state was New Mexico, and it mandated installation for even first-time offenders. No other state in the country had any interlock requirement at all, even for drivers with multiple convictions or inordinately high blood-alcohol levels.</p>]]>
        <![CDATA[<p>Things have certainly changed in a few short years, with MADD officials now saying that their hope for a nationwide interlock requirement in all states for a first offense is gaining traction and will ultimately be realized.</p>
<p>Fifteen states now provide that first offenders must install the device. Georgia is not among them, although the state does have an ignition interlock law that mandates installation following a second DUI conviction. Twenty-four other states have a similar requirement, either for second offenders or motorists who blow a .15 or higher.</p>
<p>Proponents of mandatory and nationwide installation say that the device is the best proven method to deter drunk driving.</p>
<p>A number of people, though, think that the push is over the top, and that judges in each state should have discretion to step in and make evaluations in such a matter.</p>
<p>"There is a distinction between somebody who is one sip over the legal limit and the type of person who has 10 drinks," says Sarah Longwell, the managing director of the American Beverage Institute.</p>
<p>"The judicial system should be involved in those cases," she adds.</p>
<p><strong>Source</strong>: MSNBC, <a href="http://usnews.msnbc.msn.com/_news/2012/01/05/9957132-curbing-drunken-drivers-should-ignition-interlock-be-required-on-every-car" target="_blank">"Curbing drunken drivers: Should ignition interlock be required on every car?"</a> Jim Gold, Jan. 5, 2012</p>]]>
    </content>
</entry>

<entry>
    <title>iPhone app provides users blood-alcohol content for a buck</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/iphone-app-provides-users-blood-alcohol-content-for-a-buck.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.176689</id>

    <published>2012-01-05T16:04:00Z</published>
    <updated>2012-01-05T12:46:27Z</updated>

    <summary>Saying that, &quot;It sounded like a great idea,&quot; a recovering alcoholic listened to a business pitch from a friend and ultimately became a business partner in new technology that seeks to deter drunk driving and DUI arrests. That technology is...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="breathaleyes" label="BreathalEyes" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="duiarrests" label="DUI arrests" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="fieldsobrietytest" label="field sobriety test" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="horizontalgazenystagmus" label="horizontal gaze nystagmus" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Saying that, "It sounded like a great idea," a recovering alcoholic listened to a business pitch from a friend and ultimately became a business partner in new technology that seeks to deter <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml">drunk driving </a>and DUI arrests.</p>
<p>That technology is called the BreathalEyes, and it has been commercially available since last November to anyone who wants to cough up a buck to use it.</p>]]>
        <![CDATA[<p>Here's how it works. BreathalEyes is a mobile phone application that is aimed at informing persons when their alcohol consumption has reached a level that would put them over the legal limit for driving.</p>
<p>The app uses an iPhone's camera to scan a person's eyes. "It takes a series of photographs to detect and analyze HGN, then estimates the user's blood alcohol content," says one of its developers.</p>
<p>HGN is the acronym for horizontal gaze nystagmus, something that Georgia law enforcement officials and their peers in a majority of other states are intimately familiar with. Specifically, HGN is a common field sobriety test administered to suspected drunk drivers. The test measures involuntary eye movements that occur when a person is intoxicated.</p>
<p>That is precisely what the BreathalEyes does, providing a person with the results in advance of any police officer doing so during a DUI stop. The app's developers say that BreathalEyes is easily downloaded and can detect blood-alcohol content effectively between .02 and .17 percent.</p>
<p>The inventors say that the application is not envisioned as a "tell me whether I can drive or not" tool. Rather, it is an aid to help persons make smarter decisions.</p>
<p><strong>Source</strong>: Insurance Journal, "<a href="http://www.insurancejournal.com/news/national/2012/01/04/229374.htm" target="_blank">Drunk driver test? There's an app for that</a>" Jan. 4, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>University study probes alcohol-induced thought process</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2012/01/university-study-probes-alcohol-induced-thought-process.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2012://1961.175560</id>

    <published>2012-01-03T19:02:00Z</published>
    <updated>2012-01-02T14:08:22Z</updated>

    <summary>A new study conducted at the University of Missouri-Columbia concluded that alcohol makes people -- including, centrally, young drinkers -- less likely to care that they are making mistakes. Intoxication has long been associated with lapses in judgment, such as...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Young Drivers Under 21" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="bloodalcohollevel" label="blood alcohol level" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="impulsecontrol" label="impulse control" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="intoxication" label="intoxication" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="placebodrinks" label="placebo drinks" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>A new study conducted at the University of Missouri-Columbia concluded that alcohol makes people -- including, centrally, young drinkers -- less likely to care that they are making mistakes. Intoxication has long been associated with lapses in judgment, such as <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving</a>, and the study showed that intoxicated individuals ignore warning signals from the brain that tell them to stop what they're doing.</p>]]>
        <![CDATA[<p>Test subjects in the study included 67 people aged 21 to 35, some of them students. One-third of the subjects received placebo drinks and didn't know whether their drinks contained alcohol. One-third of the subjects received enough alcohol to result in a blood alcohol level of nearly .08, the legal driving limit. One-third of the subjects received non-alcoholic drinks that they knew were non-alcoholic.<br /><br />Researchers then measured participants' performance on tasks, observing their moods, their accuracy, and their perception of their accuracy. Devices measured brain activity that regulates impulse control, emotion and mood. Of the three groups, those who did not receive alcohol slowed down as they made mistakes on the tasks and tried to correct their errors. The subjects who had consumed alcohol, however, realized they had made errors but did not slow down or try to be more careful with the tasks.<br /><br />A trauma surgeon who commented on the study's results said that the findings were not surprising. He estimates that half of the car accident patients that he treats were involved in an alcohol-related accident.</p>
<p>Conversely, extreme perfectionists and individuals who suffer from severe anxiety may find that alcohol helps them reduce the pressure to perform at impossibly high levels. However, researchers do not recommend that these individuals self-treat their anxiety with alcohol as a long-term solution.</p>
<p><strong>Source</strong>: STL Today, "<a href="http://www.stltoday.com/lifestyles/health-med-fit/fitness/drunks-aware-but-don-t-care-study-shows/article_bdddce46-23e5-53a8-b095-d8c205a84319.html" target="_blank">Drunks aware but don't care, study shows</a>" Harry Jackson Jr., Dec. 30, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>DUI: In metro Atlanta, are warrants for blood draws on the uptick?</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2011/12/dui-in-metro-atlanta-are-warrants-for-blood-draws-on-the-uptick.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2011://1961.173874</id>

    <published>2011-12-30T19:04:00Z</published>
    <updated>2011-12-28T17:45:23Z</updated>

    <summary>A spokesperson for the Atlanta Police Department (APD) says that the APD might soon follow a practice routinely carried out by fellow officers from the Georgia State Patrol&apos;s DUI task force and the Douglas County Sheriff&apos;s Office. Namely, APD officers...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="atlantapolicedepartment" label="Atlanta Police Department" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="blooddraw" label="blood draw" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="breathtest" label="breath test" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="searchwarrant" label="search warrant" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>A spokesperson for the Atlanta Police Department (APD) says that the APD might soon follow a practice routinely carried out by fellow officers from the Georgia State Patrol's DUI task force and the Douglas County Sheriff's Office. Namely, APD officers might begin seeking in many cases a search warrant for a blood draw when a <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving </a>suspect refuses to submit to a breath test.</p>]]>
        <![CDATA[<p>Georgia law stipulates that a DUI suspect can decline to take field sobriety tests and blood, breath and urine tests for alcohol. However, officers often arrest a drunk driving suspect on other evidence and, if a motorist is ultimately convicted on a DUI charge, he or she could lose a driver's license for up to one year based on refusal to submit to a breath test.</p>
<p>"If we have someone refuse, and if we have enough probable cause, we contact a State Court judge and request a search warrant for that person's blood," says Douglas Chief Deputy Stan Copeland.</p>
<p>Other officers say that blood test warrants provide for an additional option in a time when DUI suspects are increasingly refusing to take tests.</p>
<p>A motorist's decision to take a test or not can typically be quite stressful, of course, given the circumstances, and many experienced defense attorneys advise persons to decline testing, since tests can be subjective, unreliable and poorly administered.</p>
<p>An experienced Atlanta metro defense attorney can answer questions and provide a diligent defense to any person who has been arrested on a drunk driving charge.</p>
<p><strong>Source</strong>: Atlanta Journal-Constitution, "<a href="http://www.ajc.com/news/dui-test-refusals-prompt-1271122.html" target="_blank">DUI test refusals prompt blood warrants</a>" Rhonda Cook, Dec. 23, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>Study highlights distracted driving risks in Georgia, nationally</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2011/12/study-highlights-distracted-driving-risks-in-georgia-nationally.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2011://1961.173395</id>

    <published>2011-12-28T18:02:00Z</published>
    <updated>2011-12-27T17:00:18Z</updated>

    <summary>Americans love their mobile devices so much that they won&apos;t stop using them while driving. American drivers keep calling and texting in the face of evidence that using a mobile device while driving can lead to speeding, carelessness and other...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Reckless Driving" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="nhtsa" label="NHTSA" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="mobiledevices" label="mobile devices" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="recklessdriving" label="reckless driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="speeding" label="speeding" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="texting" label="texting" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Americans love their mobile devices so much that they won't stop using them while driving. American drivers keep calling and texting in the face of evidence that using a mobile device while driving can lead to speeding, carelessness and other <a href="http://www.attorneymiskell.com/Criminal-Defense/Traffic-Violations.shtml" target="_blank">reckless driving </a>practices.</p>]]>
        <![CDATA[<p>A study released by the National Highway Traffic Safety Administration shows an increase in the number of drivers who text and call while driving. The number of drivers who talk on cell phones while driving remained constant this year. The increase in texting drivers occurred despite laws in 32 states that prohibit texting while driving and growing public awareness, in Georgia and throughout the Southeast, of tragic accidents caused by distracted drivers. Eight states ban talking on a cell phone unless the conversation is hands-free.<br /><br />According to the study, one in every 20 drivers observed at any given time has a mobile phone held against his or her ear. One in every 100 drivers is texting or fussing with his or her keyboards. That means 13.5 million drivers in the United States are using their mobile phones right now.<br /><br />The NHTSA says that 10 percent of last year's traffic fatalities involved distracted drivers. The agency used a new methodology for this study, one that analyzed only those crashes where a driver was most likely to have been distracted. Previous statistics included any wreck in which a cell phone was found, even if there was no evidence that the driver was using the phone when the accident occurred. This year's statistics will form a baseline for future research.</p>
<p><strong>Source</strong>: CNN, "<a href="http://www.cnn.com/2011/12/08/us/driving-texting-talking/index.html?hpt=us_c2" target="_blank">Millions of drivers won't hang up, study shows</a>" Mike M. Ahlers, Dec. 8, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>Atlanta metro to use digital billboards for adverse weather info</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2011/12/atlanta-metro-to-use-digital-billboards-for-adverse-weather-info.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2011://1961.171323</id>

    <published>2011-12-23T18:04:00Z</published>
    <updated>2011-12-21T14:55:23Z</updated>

    <summary>Georgia Department of Transportation officials and spokespersons for the Outdoor Advertising Association of Georgia call it a mutual win-win scenario, namely, using digital billboards in Atlanta to display winter weather information to motorists. Doing that, they say, will reduce car...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Speeding-Related Offenses" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="georgiadepartmentoftransportation" label="Georgia Department of Transportation" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="caraccidents" label="car accidents" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="digitalbillboards" label="digital billboards" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="emergencyweatherconditions" label="emergency weather conditions" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="speeding" label="speeding" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Georgia Department of Transportation officials and spokespersons for the Outdoor Advertising Association of Georgia call it a mutual win-win scenario, namely, using digital billboards in Atlanta to display winter weather information to motorists.</p>
<p>Doing that, they say, will reduce car accidents, make drivers more mindful of when they are <a href="http://www.attorneymiskell.com/Criminal-Defense/Traffic-Violations.shtml" target="_blank">speeding</a> or otherwise driving inappropriately and, overall, render traffic movement and flow more logical and safer.</p>]]>
        <![CDATA[<p>There are more than 120 electronic billboards throughout the Atlanta metro area, and both the Transportation Department and billboard industry are in keen agreement that they be available to communicate emergency weather conditions to drivers.</p>
<p>For the state, the ability to digitally display such information quickly and throughout the metro area would be a particularly welcome development, given the ice storms that hit the region last January and snarled Atlanta traffic for days.</p>
<p>State planners suffered criticism in the wake of those storms and believe that the timely sharing of weather data with the public via electronic billboards will go far toward improving matters when conditions threaten to become adverse.</p>
<p>The advertising industry, too, is eager to become involved with such an endeavor, since it will enable it to be favorably linked to a public service. Connor Poe, a spokesman for the industry, says that an agreement with the Transportation Department would come with no strings attached and no financial outlay for taxpayers.</p>
<p>"We have so many digital billboards across the state for them to utilize," says Poe, adding that, "We can reach more people."</p>
<p><strong>Source</strong>: Atlanta Journal-Constitution, "<a href="http://chronicle.augusta.com/news/crime-courts/2011-12-20/drive-sober-campaign-holidays-under-way?v=1324413550" target="_blank">Electronic billboards in Georgia to carry messages about snow, ice, flooding, detours</a>" Jeremiah McWilliams, Dec. 21, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>Georgia officials announce Drive Sober or Get Pulled Over campaign</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2011/12/georgia-officials-announce-drive-sober-or-get-pulled-over-campaign.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2011://1961.171319</id>

    <published>2011-12-21T17:02:00Z</published>
    <updated>2011-12-21T14:24:51Z</updated>

    <summary>Following on the heels of the Safe Holiday and Tow to Go campaigns announced recently that spotlight drunk driving in Georgia and the attempt to rein it in over the holidays (please see our December 12 blog post) comes the...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="DUI" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="dui" label="DUI" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="driversoberorgetpulledover" label="Driver Sober or Get Pulled Over" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="governorsofficeofhighwaysafety" label="Governor&apos;s Office of Highway Safety" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="drunkdriving" label="drunk driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="zerotolerance" label="zero tolerance" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Following on the heels of the Safe Holiday and Tow to Go campaigns announced recently that spotlight <a href="http://www.attorneymiskell.com/Criminal-Defense/DUI.shtml" target="_blank">drunk driving</a> in Georgia and the attempt to rein it in over the holidays (please see our December 12 blog post) comes the Drive Sober or Get Pulled Over (Drive Sober) initiative. That campaign was announced last Friday, marked centrally by its strong message of zero tolerance for drinking and driving.</p>]]>
        <![CDATA[<p>Drive Sober will run through January 2, with deputies and state troopers throughout Georgia being zeroed in on motorists they suspect have been drinking.</p>
<p>July Fourth and New Year's Eve stand out prominently each year as the two holidays when Georgians are most frequently arrested in DUI incidents. Police expect to be especially busy this year, with December 31 falling on a Saturday.</p>
<p>Their message to motorists: Be forewarned. Any driver stopped on suspicion of drunk driving and found to have a blood alcohol content of .08 or higher will be arrested immediately and sent to jail.</p>
<p>That is the norm at all times during the year, but Georgia Governor's Office of Highway Safety officials want that outcome widely publicized from now until the end of the year.</p>
<p>Safety spokespersons say that the message works and that the annual reminder has a strong deterrent effect on most drivers.</p>
<p>A Georgia State Patrol official says that drunk driving is not prevalent on interstate roadways over the holidays, but, rather, occurs primarily on two-lane roads where drivers are traveling short distances to visit friends and neighbors.</p>
<p><strong>Source</strong>: Augusta Chronicle, "<a href="http://chronicle.augusta.com/news/crime-courts/2011-12-20/drive-sober-campaign-holidays-under-way?v=1324413550" target="_blank">Drive sober campaign for holidays under way</a>" Bianca Cain, Dec. 20, 2011</p>]]>
    </content>
</entry>

<entry>
    <title>NTSB calls for total cell phone while driving ban</title>
    <link rel="alternate" type="text/html" href="http://www.gwinnettcountycriminaldefenseattorney.com/2011/12/ntsb-calls-for-total-cell-phone-while-driving-ban.shtml" />
    <id>tag:www.gwinnettcountycriminaldefenseattorney.com,2011://1961.168547</id>

    <published>2011-12-15T16:16:00Z</published>
    <updated>2011-12-15T16:22:07Z</updated>

    <summary>Distracted driving is running rampant across the nation, and Georgia is no exception. Drivers are constantly focused on their fancy touch screen cell phones instead of what&apos;s in front of them on the road. For young drivers, 50 percent admit...</summary>
    <author>
        <name>The Law Offices of James M. Miskell, P.C.</name>
        <uri>http://www.gwinnettcountycriminaldefenseattorney.com/mt-bin/mt-cp.cgi?__mode=view&amp;blog_id=1961&amp;id=2046</uri>
    </author>
    
        <category term="Driving Offenses" scheme="http://www.sixapart.com/ns/types#category" />
    
    <category term="georgia" label="Georgia" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="ntsb" label="NTSB" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="textingwhiledriving" label="texting while driving" scheme="http://www.sixapart.com/ns/types#tag" />
    <category term="youngdriversundertheageof21" label="young drivers under the age of 21" scheme="http://www.sixapart.com/ns/types#tag" />
    
    <content type="html" xml:lang="en-us" xml:base="http://www.gwinnettcountycriminaldefenseattorney.com/">
        <![CDATA[<p>Distracted driving is running rampant across the nation, and Georgia is no exception. Drivers are constantly focused on their fancy touch screen cell phones instead of what's in front of them on the road. For young drivers, 50 percent admit to texting and driving.</p>
<p>Now, the National Transportation Safety Board wants to outlaw all cell phone use while driving, including the use of hands-free devices, except those installed in vehicles by the manufacturer. In Georgia, it is already a <a href="http://www.attorneymiskell.com/Criminal-Defense/Traffic-Violations.shtml" target="_blank">traffic violation</a> for anyone under the age of 18 to text or call on a cell phone while driving.</p>]]>
        <![CDATA[<p>There will likely be much debate before a total ban would be proposed in Georgia. The NTSB's recommendation carries weight; however, the agency has no law-making power. Many in Georgia have voiced opposition to such a ban, saying it would be impossible to enforce.</p>
<p>Although the NTSB says that one in every 100 drives are texting while driving at any given moment, the Georgia State Patrol has only issued 100 tickets since a texting while driving ban went into effect this summer.</p>
<p>It can be difficult for police to fine someone for violating a cell phone law. It may be hard for an officer to determine whether the person is making an emergency call on their phone, or it might look like the person is texting when they are really just dialing a phone number. Because of these unknowns, the debate about cell phone use while driving and how restrictive the government should be will be a long one.</p>
<p><strong>Source: </strong>WXIA, "<a href="http://www.11alive.com/news/article/216624/3/Texting-while-driving-going-up-despite-law" target="_blank">Texting while driving going up despite law</a>," Keith Whitney, Dec. 15, 2011</p>]]>
    </content>
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