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Posts tagged "breathalyzer test"

Focus: The impact of Georgia's implied consent law in DUI cases

On behalf of The Law Offices of James M. Miskell, P.C. posted in Driver's License Suspension on Thursday, July 5, 2012

One aspect and potential consequence of a drunk driving stop and arrest in Georgia and elsewhere across the United States that is not well understood by many people is whether a suspect has a right to refuse to undergo chemical testing when requested to do so by a police officer or state trooper.

State laws on chemical testing pursuant to a DUI stop -- blood, breath and urine -- vary, but a number of states, including Georgia, have an "implied consent" law regarding testing. Simply stated, and as a prerequisite to obtaining a driver's license in Georgia, every motorist agrees to such testing.

Continue reading Focus: The impact of Georgia's implied consent law in DUI cases

Tags: DUI, breathalyzer test, drunk driving, implied consent

Drunk Driving Charge Dismissed Against Pitcher Derek Lowe

On behalf of The Law Offices of James M. Miskell, P.C. posted in DUI on Tuesday, May 31, 2011

For Atlanta Braves pitcher Derek Lowe, winning is always nice. The victory he just secured last week was likely a bit sweeter than most.

That win occurred in Atlanta, but not on the pitching mound. Rather, the City of Atlanta dropped DUI and reckless driving charges against Lowe in a matter that first garnered wide media attention in late April, after Lowe was stopped by a patrol officer who stated that Lowe was speeding and smelled of alcohol.

Continue reading Drunk Driving Charge Dismissed Against Pitcher Derek Lowe

Tags: DUI, Derek Lowe, breathalyzer test, field sobriety test, implied consent law, reckless driving

Braves' Player Refuses Breathalyzer Test, Charged with DUI

On behalf of The Law Offices of James M. Miskell, P.C. posted in DUI on Tuesday, May 3, 2011

Derek Lowe, professional baseball pitcher for the Atlanta Braves, throws fast.

According to the Georgia State Patrol, he also drives fast.

On top of that, he drives drunk.

Fast and inebriated most definitely did not lead to a happy conclusion for Lowe last Thursday evening, when he was charged with DUI around 10 p.m. in Buckhead. A patrol officer stated that Lowe smelled of alcohol and was administered a field sobriety test, which he failed.

Continue reading Braves' Player Refuses Breathalyzer Test, Charged with DUI

Tags: Atlanta Braves, DUI, breathalyzer test, field sobriety test, implied consent, speeding

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The Law Offices of James M. Miskell, P.C.
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