Recently in dui Category

May 9, 2012
 

George Zimmerman Charged With The Criminal Offense Of Second Degree Murder May Be the Victim Of An Overzealous Prosecutor

Maybe it was unwise for George Zimmerman to carry a gun while doing his rounds during the neighborhood watch, but he legally owned the gun and that in itself does not make him a criminal. Unfortunately circumstances resulted in a confrontation between Mr. Zimmerman and an unknown individual who was suspected of being up to no good and in the end, Mr. Zimmerman fired a shot that was responsible for ending the life of Trayvon Martin, an unarmed teenager.

Many in the black community believe that the shooting was racially motivated and that Mr. Zimmerman is guilty of murder. But the evidence and the facts do not appear to support those beliefs. Harvard professor Alan Dershowitz, in an article in Breitbart News stated that he believes that the decision to charge Mr. Zimmerman with second degree murder may have been politically motivated. The facts and evidence in the case seem to indicate that a charge of manslaughter would have been more appropriate.

Prosecutors Omitted Exculpatory Evidence In Mr. Zimmerman's Favor

Although all the facts about the incident will eventually come out, one thing is known for sure. Mr. Zimmerman was charged with second degree murder and is presently out on bail awaiting trial. The judge, after being presented with the evidence by the special prosecutor, decided on the charge of second degree murder. However, it has been discovered that the prosecutor did not present the judge with some crucial evidence that would have been favorable to Mr. Zimmerman. In fact, some believe that the special prosecutor may have willfully omitted exculpatory evidence of a photograph of Mr. Zimmerman's cut and bleeding head. It was taken at the scene of the incident and it supports his story that he had been attacked by Trayvon Martin.

Continue reading "George Zimmerman Charged With The Criminal Offense Of Second Degree Murder May Be the Victim Of An Overzealous Prosecutor" »

March 5, 2012
 

Can A Georgia DUI Charge Be Successfully Fought And Dismissed?

Alpharetta DUI Attorney.jpgA Georgia DUI conviction is serious and can have immediate and long range consequences on your life that you should try to avoid if at all possible. Having the representation of an Alpharetta DUI attorney can make a difference in how your dui case will ultimately affect you.

Whether you are stopped at a Georgia DUI checkpoint, have been pulled over for suspicion of DUI or been involved in a car accident and you have been charged with a DUI it is important to receive the advice and guidance of an Atlanta DUI Attorney. Daniel W. Mitnick & Associates, PC is one law firm you can trust to help you defend yourself against DUI charges and navigate the legal system so that you will receive the best possible outcome for your case.

Police Officers Can Use Several Methods For determining If A Driver Is DUI

Police officers are trained to observe and recognize different aspects of a person's demeanor to help them when ascertaining if a driver has been driving under the influence. The Georgia Governor's Office of Highway Safety recently offered an updated training session for police officers on the latest techniques for investigating suspected DUI divers according to a recent news release in the Gainesville Times. While officer observation may cause the officer to suspect that a driver has been driving under the influence it is important to remember those observations are subjective and can be wrong.

Part of this assessment involves the way a driver looks, talks and acts among other things. We all know a person could appear to be under the influence because of other factors such as being drowsy or being in an emotional state from a fight with a girlfriend or wife for example. A driver may have had one or two drinks and have the smell of alcohol on his breath, but not be over the legal limit. A field sobriety test is another tool used by the police to help determine if a driver is driving under the influence; but was the test administered properly? Here again, being tired can affect the results as can a variety of health problems.

Continue reading "Can A Georgia DUI Charge Be Successfully Fought And Dismissed?" »

November 21, 2011
 

DUI Charges and Defenses

Alpharetta DUI LawyerGeorgia Police Chief Arrested for DUI

The police chief of the city of Morrow, GA was placed on leave after being arrested for DUI in Clayton County on November 17, 2011. The police chief was placed on administrative leave after Clayton County police arrested him early Thursday morning. Even wise people make unwise decisions, such as driving under the influence. However, sometimes drivers are wrongfully charged with DUI. If you have been charged with DUI, don't feel completely defeated and helpless. There may be solid defenses to your DUI charge. Consult an Alpharetta DUI lawyer if you have been charged with DUI.

Alpharetta DUI Lawyer

You may be surprised by how many defenses there are to a DUI charge. The prosecution must prove beyond a reasonable doubt that you are guilty of the accused DUI crime. This is not an easy task for the prosecution, especially if an experienced Alpharetta DUI attorney represents you. The prosecution must also have probable cause before they can pull you over to charge you with DUI. The Roswell attorneys at the law offices of Daniel W. Mitnick will help you find weaknesses in the prosecutions case.

DUI Attorney in Cumming GA

A DUI charge is not an automatic conviction. Even if you think the prosecution has a strong case to convict you, there are several defenses you may be unaware of. A Cumming DUI lawyer will inform you of your rights and make sure you know all of your options. If you have been charged with DUI, contact the Alpharetta and Cumming based law offices of Daniel Mitnick. We will work hard to keep you free from conviction.

October 24, 2011
 

Halloween Party Reminders: Keep Your Halloween Party Safe And Legal

Alpharetta DUI AttorneyThe leaves are changing, many pumpkins have been carved, and fall is in full swing. What's next? Halloween. There is rarely a shortage of Halloween costume parties for you and your friends to attend. Right now, you may still be thinking about what you will dress up as this year or which party you are going to attend. However, with all of the parties going on during Halloween weekend, it is important to remember some safety tips for Halloween.

Party Hosts - Provide A Safe Environment To Avoid A Premises Liability Lawsuit

Have you already had your costume picked out for months and now all you are thinking of is what food and drinks your guests will enjoy the most? If you are throwing a Halloween party, you are responsible for more than just the fun your guests will be having. You are also responsible to uphold the law and provide a safe environment for your guests or else you may find yourself with a new premises liability charge in November.

A few reminders for the Halloween party host:

Don't Serve Alcohol To Minors

It is illegal to serve alcohol to anyone under the age of 21. This doesn't just mean you personally. If you know someone else is giving alcohol to a minor under your roof, you may still be liable.

Don't Let Guests Drive Drunk

If one of your guests drives intoxicated and gets into a car accident, it could become your problem due to social host liability. Keep a cab company's number handy or provide guests a place to sleep, or don't let your guests get drunk.

Don't Be A Loud Neighbor

At least don't be a noisy neighbor all night. Check the hours for designated quiet time in your area and keep the noise contained during those hours. Or you may have police show up other than the ones who came in costume.

Being safe and following the law can still allow you and your guests to have a fun Halloween party. But taking safety measures may prevent you from legal trouble following party cleanup. If you find yourself in legal trouble, our Alpharetta DUI attorneys and premises liability attorneys can help. Call The Law Office of Daniel W. Mitnick today at 866-710-4090

March 18, 2011
 

Safe Drinking During Spring Break

For college students, March brings a much-needed break in the semester. Whether you're staying local or taking a trip for your spring break, it is important to be safe.

Drinking alcohol is quite common during spring break and the likelihood of facing a DUI or DWI charge may also rise. If you don't drink often, you may be unsure of your limit and when you need to stop drinking to stay safe.

Here are a few tips for the college student who doesn't drink often but is planning to partake this spring break:

Remember not to drink on an empty stomach

Your small intestine absorbs alcohol faster than your stomach. Having food in your stomach will help dilute the alcohol and slow down the rate at which it enters the small intestine.

Remember to take it slow.

Your liver can metabolize the alcohol you drink, but only approximately one drink an hour for a person of average weight and body type.

Remember to choose a designated driver.

Make sure it is a responsible person you can trust to stay sober in order to drive.

Binge drinking is also common among college students. Because the main purpose of binge drinking is to get drunk it is often more dangerous. According to the Center for Disease Control and Prevention, binge drinkers are 14 times more likely to drive while impaired by alcohol.

In order to prevent a spring break DUI, it is important that you remember the responsibility alcohol requires. If charged for driving under the influence, it could severely hinder rest of your college experience and life.

If you still find yourself returning home with more than fun party stories, contact an attorney regarding your drunk driving charge. Our attorneys at Daniel W. Mitnick & Associates, PC can help you fight a DUI charge in metro Atlanta and North Georgia.

February 23, 2011
 

Top Three Mistakes Following A DUI Arrest

On behalf of The Law Offices of Dan Mitnick posted in DUI on Wednesday, February 23, 2011 Perhaps you were caught in a routine sobriety checkpoint. Maybe you were supposed to be the designated driver, but you had a little bit to drink. And that little bit turned out to be too much after the cop pulled you over. Regardless of how it happened, the drinking and driving laws in Georgia are strict. If you're charged with a DUI or driving under the influence, you could face losing your license, fines, and jail time. Georgia's drinking and driving laws make for a difficult path to a strong case, however, it is not impossible to have a defense. Being charged with a DUI is certainly scary, but it is not something you should simply ignore until it's time to go to court. In order to help make your case a little stronger, make sure to avoid some of the big mistakes others have made after being arrested for driving under the influence.

1. Don't wait too long to hire an attorney.

The sooner an attorney can begin to piece together the moments surrounding your arrest, the better. Your attorney needs all of the facts in order to build the strongest case possible.

2. Do take your situation seriously.

There may be some serious consequences ahead, whether it's losing your license, fines, or jail time.

3. Do remember your rights.

Your attorney will be key here in helping you take advantage of your constitutional rights. If you find yourself facing a DUI charge, the attorneys at Daniel W. Mitnick & Associates, PC are equipped to help you build the strongest possible case. Contact us today regarding your DUI charge.