FindLaw IM Template 2025-07-24T10:05:00Z https://www.starlawpcga.com/feed/atom/ WordPress /wp-content/uploads/sites/1402414/2021/11/cropped-SL_FAV-32x32.jpg On Behalf of Star Law, PC https://www.starlawpcga.com/?p=46447 2022-01-25T16:49:09Z 2019-03-15T15:46:01Z

Recently the Georgia Supreme Court in State v. Elliott addressed the issue of whether the State in a prosecution for driving under the influence (DUI) can use your refusal to submit to the state-administered breath test against you at trial. Note: this is different from a roadside breath sample.  The Supreme Court reaffirmed you have a Constitutional right to refuse the state breath test and that refusal cannot be used against you at trial. I have seen many reactions to this decision. These reactions range from defense attorneys hailing it as making DUI prosecution impossible to prosecutors trying to downplay the effects. Even different trial courts have interpreted the decision differently.  The truth, as it usually is, is more likely somewhere in the middle. The decision by the Supreme Court, while very important when reaffirming a Constitutional right, is also limited. Most important to not is this decision likely only applies to breath tests. It may not apply to blood tests if the Supreme Court determines blood tests do not fall under the same Constitutional provisions as the breath test. The Supreme Court did not directly address this issue in the Elliott decision. However, this may show a larger shift coming in DUI law that will continue to reaffirm your right to refuse and not having that refusal used against you.  It's important to remember that, no matter the decisions of the courts in the future, you have an ABSOLUTE right to refuse ALL field sobriety evaluations and the state-administered test. If you've been arrested for DUI call Star Law today and let me be your advocate and make sure your rights are protected at all stages of the criminal justice process. ]]> On Behalf of Star Law, PC https://www.starlawpcga.com/?p=46445 2022-01-25T16:44:50Z 2019-03-15T15:42:55Z

This is the most common question I, or any attorney, get asked. Either because people think they can do something themselves because "it seems straightforward" or they are worried the cost of an attorney will be far too high.   The short answer is YES.   It's never a good idea to represent yourself in court in any legal matter no matter how simple it might seem. The legal system is full of small requirements and deadlines that can be daunting to most people. Plus you are typically faced with a party that does have a lawyer and isn't looking out for your best interest. As a former judge of mine was very fond of say, "It's hard to say you had a bad lawyer if you represent yourself and have a bad outcome."   Whether it's a criminal charge where your liberty is at stake or a civil issue where it's your family, children or personal property at risk you need an advocate in your corner. At Star Law, I'm here to be that advocate for you. Call today and let me help you through your legal trouble.   ]]>