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Author Archives: Jay Butchko

Police_DUI

What Are Police Looking for When Targeting for Drunk Drivers

By Andrew L. Schwartz, P.C. |

Have you been charged with driving under the influence (DUI) in Cobb County? If so, you may be wondering what specifically the police saw when they decided to pull you over. Why did they target your vehicle specifically? Most drivers are unaware that police officers are trained to look for specific clues that indicate… Read More »

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KnowYourRights

When Do Police Need to Read You Your Miranda Rights in Georgia?

By Andrew L. Schwartz, P.C. |

You’ve seen it before on TV. A character is arrested by police and promptly read their Miranda rights. Generally speaking, the television suspect is read their Miranda rights as the officer is placing their hands behind their backs to put the cuffs on them. This leads a lot of people toward the mistaken impression… Read More »

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CrimDefLawyer

What is Georgia’s First Offender Act and How Do I Qualify?

By Andrew L. Schwartz, P.C. |

The Georgia First Offender Act is an option available to those who have otherwise been convicted of a crime in Georgia. The Act allows first-time offenders to avoid a permanent criminal record. Under the Act, eligible individuals can plead guilty or no contest to a charge without facing a misdemeanor conviction. After you complete… Read More »

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DrunkDriv

The Importance of Medically Clearing an Individual Before Administering the Horizontal Gaze Nystagmus Test

By Andrew L. Schwartz, P.C. |

Since 1975, the National Highway Transportation Safety Administration (NHTSA) has standardized field sobriety tests for officers. Prior, each officer would administer their own test, or individual police stations would train their officers in specific tests to give to the motoring public. Today, there are three standardized tests of dubious veracity that are used universally… Read More »

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DUI15

What is a DUI “Less Safe” in Smyrna, Georgia?

By Andrew L. Schwartz, P.C. |

Georgia drivers often aren’t fully aware of Georgia’s implied consent rules when it comes to DUI. Some will refuse post-arrest testing. Even after doing so, many are shocked to find out that they’re still facing charges of DUI even after refusing to submit to a breathalyzer or blood test. In addition, their refusal to… Read More »

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CourtroomScales

Signs That the Prosecution’s DUI Case Against You Is Weak or Problematic

By Andrew L. Schwartz, P.C. |

Facing DUI charges in Smyrna, GA is no walk in the park. The charges can do significant damage to your driver’s license, your insurance costs, and if convicted, you will have a criminal record for life, as Georgia does not allow expungement or concealment of conviction records. But not all DUI cases are built… Read More »

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k9DrugSearch

Police Searches Without Warrants: Understanding Your Rights During a Traffic Stop

By Andrew L. Schwartz, P.C. |

You’re getting pulled over for failing to stop all the way at a stop sign, and you’re worried that police are going to find the bag of marijuana you have in your vehicle. Police officers will often ask for your consent to perform a search of your vehicle, knowing that unsavvy citizens will give… Read More »

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DrugPossession

Drug Trafficking Through an Airport: A Guide to Georgia Drug Charges

By Andrew L. Schwartz, P.C. |

If you attempt to funnel drugs through an airport, you can face specific charges in Georgia. The Atlanta police department has an Airport Drug Interdiction Unit (ADIU) with specific strategies and procedures to monitor and intercept illegal drugs at the airport. Knowing how the unit operates can help you understand and defeat the charges… Read More »

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Arrested5

Georgia Pilot Arrested for DUI Before Flight

By Andrew L. Schwartz, P.C. |

Police say that a Southwest Airlines pilot was arrested at a Georgia airport and accused of DUI in January. A Transportation Security Administration officer smelled alcohol emanating from the pilot and informed law enforcement officials. The pilot was arrested at Savannah/Hilton Head International Airport. Southwest issued a statement saying that they were aware of… Read More »

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DrunkDriv2

The Role of a Wheel Witness in a Marietta, GA DUI Case

By Andrew L. Schwartz, P.C. |

When law enforcement officers respond to an accident involving a suspected drunk driver, there’s often a good amount of evidence to establish that the driver was behind the wheel at the time of the crash. Either a police officer or a witness to the accident can place the driver in the car at the… Read More »

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