The Difference Between Simple and Aggravated Battery in Savannah Courts

If you or your loved one has been charged with a DUI in Georgia it is imperative that you retain a skilled and knowledgeable Savannah DUI attorney early in the process to protect your rights and avoid the suspension of your privilege to drive through the Administrative License Suspension process. Kurtis began his legal career as a prosecutor, during that time Kurtis prosecuted nearly a thousand DUI cases at all levels from municipal court up to the Georgia Court of Appeals, and knows exactly what evidence is required for a conviction. Consequently, Kurtis will bring a unique perspective to your defense team. More importantly, through his experience as a prosecutor Kurtis has an intimate knowledge of the strengths and weaknesses of a DUI case, which he will bring to bear in your case. Below Kurtis outlines the most common evidence in a DUI case. Contact us today for a free consultation. How can you challenge a DUI? The best way to attack a DUI charge is to attack the evidence. Remember, the State carries the burden of proof throughout a criminal case, in other words, the State has to prove their case beyond a reasonable doubt. DUI cases, specifically, are highly technical, consequently it is imperative that you have a highly skilled and knowledgeable Savannah DUI Attorney handle your case to ensure that you receive the best result possible. Below Kurtis outlines the common evidence found in a typical DUI case. A DUI almost always starts with a traffic stop, usually for a minor traffic offense, such as failure to maintain lane, or improper turn signal. In order to stop a vehicle for a traffic offense the officer MUST have probable cause for the stop, otherwise any evidence collected after that stop will be suppressed. Following the traffic stop, the officer must have reasonable suspicion to believe you are under the influence of some substance, making you “Field Sobriety” or “Roadside DUI tests”: Standardized Field Sobriety Testing (SFST’s) consists of a battery of 3 tests: Horizontal Gaze Nystagmus – a scientific test that measures for an involuntary jerking or bouncing of the eyeball that occurs when there is a disturbance of the vestibular (inner ear) system or the oculomotor control of the eye, which has been correlated, through scientific studies to be associated with alcohol impairment, amongst other causes. Walk and Turn – a physically demanding and divided attention task, intended to detect physical manifestations of intoxication. One Leg Stand - a physically demanding and divided attention task, intended to detect physical manifestations of intoxication. The key to Standardized Field Sobriety Testing is in the name itself, “Standardized.” The law requires that the officer conduct the SFST’s in a manner within substantial compliance with his/her training and the accepted practices set forth by National Highway Traffic Safety Administration (NHTSA). There may also be some environmental issues, as well as physical or medical conditions that people may have that may invalidate the results of these tests. Other common roadside tests include the Portable Breath Test (PBT). The PBT is a “roadside breathalyzer,” the numerical results of which are not admissible in court; however, whether or not the results of the PBT are “positive or negative for the presence of alcohol” is admissible in court. After the completion of the SFST’s and the PBT, the officer will tell you that you are under arrest, and will read the Implied Consent Notice. The final sentence of the Implied Consent Notice is a question that you are required to give a “Yes,” or “No” answer to. If you fail to give a clear response the officer will consider your response a “No” or a refusal to submit to the state administered test.  This brief overview of the common evidence in a DUI case is just a thumbnail sketch of the complexity of a DUI. For a thorough review of the evidence in your case contact us and we will schedule a free consultation with Kurtis.