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Author Archives: Jay Butchko

MarijuanaDUI

Understanding Marijuana DUI in Georgia

By Andrew L. Schwartz, P.C. |

With all the efforts at legalization occurring in many jurisdictions across the U.S., folks might easily think that cases of marijuana DUI will be less serious than they were before. Georgia, however, does not permit the use of marijuana or being under its influence while driving a motor vehicle. A driver who has been… Read More »

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CriminalOffice

Getting Charged with Drug Possession for Drugs Sent Through the Mail

By Andrew L. Schwartz, P.C. |

In today’s world, you can order just about anything online. But if you order drugs from the dark web, it could trigger a criminal investigation. If authorities suspect something illegal in a particular package that is headed to your address, you might end up getting charged with drug possession. Yet, the mere fact of… Read More »

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MarijuanaJoints

Legal Where You Bought It, Illegal Where You Drive It: Out-of-State Cannabis in Cobb County

By Andrew L. Schwartz, P.C. |

Interstate 75 and Interstate 285 carry thousands of drivers through Cobb County every day, and some of them are coming home from states with licensed dispensaries. A sealed package, a printed receipt, and a purchase that was perfectly lawful a few hundred miles away can feel like protection. Once the car crosses into Georgia,… Read More »

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Can You Get a DUI in Georgia After Taking Prescription Medication?

By Andrew L. Schwartz, P.C. |

When it comes to DUI, you usually think of alcohol or illegal drugs. Nevertheless, DUI laws in Georgia do not restrict DUI charges to those substances alone. You can receive a DUI even if you were under the influence of prescription medications, where the prescriptions were valid, and the medications were being used as… Read More »

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CrimeCharges

Can a Georgia DUI Be Reduced to Reckless Driving?

By Andrew L. Schwartz, P.C. |

A Georgia DUI conviction carries repercussions. These include fines, probation, license sanctions, and more. The first thing someone arrested for DUI should ask is whether the case can be pleaded to a lesser offense. Sometimes, a Georgia DUI case can be settled by pleading guilty to reckless driving. But a downgrading of a DUI… Read More »

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Driver

What Happens If You Get a DUI While Driving a Rental Car in Georgia?

By Andrew L. Schwartz, P.C. |

DUI cases are generally complex. However, the situation is even more complex when the driver is pulled over in a rental car or a vehicle owned by someone else. Tourists, business people, and sometimes local residents rent vehicles, and a DUI arrest can make things more complicated. You may be breaching your contract with… Read More »

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GolfCartRoad

Can You Get a DUI on a Golf Cart, E-Bike, or Other Nontraditional Vehicle in Georgia?

By Andrew L. Schwartz, P.C. |

The vast majority of DUIs occur in automobiles, pickup trucks, and motorcycles. Nevertheless, Georgia DUI laws don’t apply only to ordinary cars. A person consuming alcohol or drugs might think they can still operate a golf cart, e-bike, or other non-traditional vehicle. This would be a huge mistake. Georgia DUI laws cover more than… Read More »

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Man Arrested

What Is Constructive Possession? When Drugs Aren’t Found on Your Person

By Andrew L. Schwartz, P.C. |

Many folks assume that they can’t be charged with drug possession unless the drugs are found in their pockets, bags, or hands. According to Georgia law, however, the prosecution can present a case against you on the basis of “constructive possession.” Understanding how constructive possession works can help your case considerably. What is constructive… Read More »

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Can You Be Charged With Drug Trafficking Even If You Never Sold Drugs in Georgia?

By Andrew L. Schwartz, P.C. |

Most folks tend to think that drug trafficking means the sale, transportation, or manufacture of drugs. However, the laws in Georgia have defined drug trafficking another way, whereby one can be charged with drug trafficking regardless of whether they sold, transported, or manufactured any drugs. As such, it is very important to understand what… Read More »

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Can You Get a DUI on Private Property in Georgia?

By Andrew L. Schwartz, P.C. |

Most folks believe that DUI laws in Georgia are applicable only to public roads and highways. This misleads people into believing that if they drive under the influence on private property, including parking lots, private driveways, or private roads, they will not be arrested for DUI. This is not the case in Georgia. Georgia’s… Read More »

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