Author Archives: Jay Butchko
When Is a Commercial Landlord Responsible for an Accident in Georgia?
When you visit a store or other commercial establishment during normal operating hours, the business owner has a legal responsibility to keep their premises in reasonably safe condition. This includes identifying and remedying and potential safety hazards that might injure a customer or other invited guest. But if the establishment is itself renting the… Read More »
Could You Lose Your Driver’s License Under Georgia’s First Offender Act?
If you are a first-time offender in Georgia–that is, you do not have any prior felony conviction in Georgia or another state–you may be able to avoid having a conviction on your record. Georgia’s First Offender Act gives the trial judge discretion to defer further proceedings against a defendant and place them on probation… Read More »
What Happens When a Police Officer is Charged with DUI?
Drunk driving is one of those crimes that anyone can commit. This includes members of law enforcement. Police officers work difficult, high-stress jobs, and unfortunately, many of them try to cope through the excessive use of alcohol. And if an officer chooses to get behind the wheel after drinking, they are just as dangerous… Read More »
How Do Geofence Warrants Work in a Georgia Criminal Investigation?
Modern smartphones allow us to record and track our movements at all times. Of course, this also makes it possible for others to track you as well. Companies like Google maintain massive databases of user geolocation data. Law enforcement is well aware of this, and as such, they often rely on so-called geofence warrants… Read More »
The Importance of Taking Good Notes Following a Truck Accident
The first step in pursuing a personal injury claim following a motor vehicle in Georgia is to identify the correct party to sue. This can often prove more complicated than you realize. In the case of a hit-and-run accident, for instance, the offending driver has left the scene without stopping to exchange contact and… Read More »
What Are the Penalties for Injuring Someone in a Georgia DUI Accident?
Recently, law enforcement arrested a member of the Georgia House of Representatives on suspicion of drunk driving in a collision involving a bicyclist. According to news reports, the Georgia State Patrol charged State Rep. Devan Seabaugh of Marietta with six counts of DUI following the August 8 accident. Troopers responded to a report of… Read More »
Is a Real Estate Broker Liable for Someone Injured During a House Viewing?
Georgia’s premises liability law holds that an “owner or occupier” of land who invites others to come onto their property for a lawful purpose is liable for any injuries sustained by that person due to the owner’s failure to “exercise ordinary care in keeping the premises and approaches safe.” In simple terms, if a… Read More »
Can a Georgia University Show “Pro-Complainant” Bias at a Sexual Misconduct Hearing?
Colleges and universities throughout Georgia have an obligation to keep their students safe. This includes addressing allegations of sexual misconduct levied by one student against another student. At the same time, campus-based judicial systems do not have to follow the same strict due process safeguards as criminal trials. This can lead individuals accused of… Read More »
The Consequences of Committing Social Security Fraud in Georgia
Fraud is one of the most common types of “white collar” crime prosecuted in Georgia. In broad terms, fraud involves the use of deceit to obtain money or property from another person. The government pays particular attention when it is the victim of such fraud. For example, if you lie to a government agency… Read More »
Is Georgia’s .08 DUI Limit Too High?
Most people associate drunk driving with having a blood-alcohol content (BAC) of 0.08 percent or higher. This is a de facto national standard resulting from a decision by Congress to tie federal highway funds to individual states setting their respective BAC limit for DUI at 0.08. But as a recent article by Jim Vorel… Read More »