02.28.09
Posted in Uncategorized at 1:19 am by Kimbrell & Burgar, LLC
“Do Not Operate Heavy Machinery While Taking This Medication” is a warning label you may have seen on your prescription bottles. Many a joke has been written about this label. After all, not many of us have a bulldozer sitting in our driveway. However, as it applies to Georgia DUI matters, this label certainly suggests you should think twice about driving your car while taking the drug.
Georgia DUI law prohibits driving under the influence of any drug if one is a less safe driver as a result of that influence. It absolutely does not matter if the drug was legally prescribed and taken. “But I had a prescription” will not help your defense if you rear-end someone on your way home from work. If it’s a drug that inhibits your ability to drive, there’s a chance you may be DUI if you drive while taking the drug. Furthermore, the drugs at issue are not limited to the obvious pain killers and muscle relaxants. Some sleep aids, anti-smoking drugs, antidepressants and a myriad of other medications carry the warning and may have a real impact on your driving ability.
So if you see this warning on your medication, please don’t think it only applies to construction workers. Take the time to understand the drug’s effects on you, and if there is any doubt, don’t drive until you are through taking the medication.
K & B, llc
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02.20.09
Posted in Uncategorized at 3:44 pm by Kimbrell & Burgar, LLC
“Ignition Interlock” is the common name for a device installed in a car which requires the driver to give a clean breath sample before the car can been driven. In Georgia, it is a device which is generally installed for drivers with multiple DUI convictions.
The 2009 Georgia Legislature is currently considering House Bill 92, which would require an Ingnition Interlock device for first-time DUI offenders who are convicted with a blood alcohol content of over .15 g/liter. This would represent a substantial change from the traditional distinction between first-time and multiple DUI offenders. As a practical matter, it would significantly increase the burden on some first-time offenders, putting their penalty on par with the most troublesome of repeat offenders. Whether this is a reasonable change to the law is not something for which we offer an opinion, but it is defintitely an issue to which all drivers should pay careful attention, and an important new reason not to put yourself at risk!
K & B, llc
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Posted in Uncategorized at 3:09 pm by Kimbrell & Burgar, LLC
We’ve decided to start this blog as a way to publish many of the issues that arise in the world of DUI/DWI, particularly ones that are relevant to metro Atlanta and Georgia. Driving Under the Influence is one of the most frequently-charged offenses in the state, and it hits every demographic group equally. A great deal of time and energy has been dedicated to understanding the science and impact of impaired driving. It is also one of the most frequently addressed subjects by the appellate courts, the state legistlature, and law enforcement. There is always something new happening of relevance to everyone, whether it invloves the defense of a driver’s constitutional protections or keeping drunk drivers off the road.
A Blog is not an appropriate forum for legal advice, and we regret that we cannot give it in this format, but we will do our best to keep folks informed of any developments to give people a better understanding of what is happening on the roads and in the courts of this state. We hope that you find this informative!
K & B, llc
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