Monthly Archives: May 2024
The Consequences of Giving a False Name to the Police
You always have a constitutional right not to answer questions asked by the police in connection with the investigation of a crime, or even a possible crime. But the right to remain silent is not a right to lie. You should never give false or misleading information to the police. Not only are most… Read More »
Why Residency Matters When It Comes to Filing a Georgia Personal Injury Lawsuit
In a Georgia personal injury lawsuit, an employer can be held legally responsible for a tort committed by an employee. This is known as vicarious liability. For example, if a driver is making a delivery for their employer in a company-owned vehicle, runs a red light, and hits a minivan, the employer is just… Read More »
How “Proximate Cause” Affects a Georgia Personal Injury Case
In a personal injury lawsuit, the plaintiff has the burden of establishing not just that the defendant was negligent, but that negligence was also the proximate cause of the plaintiff’s injuries. Put simply, proximate cause means that “but-for” the defendant’s actions, the plaintiff would not have been harmed. That harm must also have been… Read More »
The Consequences of a DUI Arrest for a Georgia School Bus Driver
Getting arrested and charged with DUI is never a good thing. But if you hold a commercial driver license (CDL), the consequences may include the end of your professional career. Georgia law holds CDL holders to higher standards than other drivers when it comes to drunk or impaired driving, and even an arrest can… Read More »
How Long Can Georgia Police Detain You While Investigating a Suspected DUI?
When a law enforcement officer pulls you over for a traffic stop, they cannot detain you indefinitely. The United States and Georgia supreme courts have made it clear that an “investigative detention” should last “no longer than is necessary to effectuate the purpose of the stop.” Even if the officer develops a reasonable suspicion… Read More »
Who Can File a Wrongful Death Lawsuit in Georgia?
A personal injury lawsuit allows the victim of a negligent or intentional act to sue the wrongdoer for monetary damages. This assumes, however, that the victim survived the injury. To put it bluntly, a dead person cannot sue. But certain parties can file a Georgia wrongful death lawsuit against the person or legal entities… Read More »
Can a Jury Convict You Without Any Physical Evidence or Eyewitness Testimony?
Decades of television crime dramas like CSI, Law & Order, and NCIS have perhaps left many people with the incorrect impression that police and prosecutors always have overwhelming evidence of a criminal defendant’s guilt. The harsh reality is that many criminal convictions are based on purely circumstantial evidence only suggesting the defendant’s guilt. Indeed,… Read More »
Georgia Supreme Court Orders New Trial in Fatal Car Accident Case
Car accidents are an unfortunate everyday occurrence in Georgia. Many people are seriously injured or killed in such accidents. Yet in most cases, the person who caused the accident only faces civil liability, such as a personal injury lawsuit filed by the victim. The mere fact that the accident occurred is not necessarily a… Read More »
What Are the Grounds for Challenging a Search Warrant in a Georgia DUI Case?
In Georgia drunk driving cases, the police will often apply to a magistrate for a search warrant to gather evidence in support of the arrest. The most common reason for such search warrants is to compel a DUI suspect to submit to a blood or breath test. Such tests are used to determine the… Read More »
Is “Mutual Combat” a Valid Criminal Defense in Georgia?
As a general principle of law, a person is entitled to defend themselves against the imminent use of unlawful force. In simple terms, if someone threatens you with a gun, you have the right to stop them using force of your own. You cannot be held criminally liable if your attacker is injured due… Read More »