Author Archives: Jay Butchko
What Is “Obstruction” of a Police Officer in Georgia?
Georgia law makes it a misdemeanor to “obstruct” any law enforcement officer who is acting “in the lawful discharge of his or her official duties by offering or doing violence” to said office. The phrase “lawful discharge” is critical. For example, if a police officer starts asking you questions and you decide to walk… Read More »
What Types of Georgia Insurance Cover Your Car Accident?
If you are involved in a car accident in Georgia, you likely have questions about how insurance will pay for any personal injury or property damage you sustained in the collision. Georgia is an “at-fault” state. This means that if your accident was the result of another driver’s negligence, their insurer is liable for… Read More »
Can You File a Personal Injury Lawsuit Over a Go-Kart Accident?
When you are driving your car on the highway, you assume that the other drivers will act in a reasonably safe manner. And if, say, a reckless driver rear-ends you and you sustain a serious injury, you have the right to file a personal injury lawsuit to recover your damages. But what if you… Read More »
Does Selling Painkillers Prove You Belong to a Criminal Gang in Georgia?
Georgia prosecutors often pursue multiple criminal charges against individuals suspected of dealing controlled substances. This includes not just illegal street drugs like marijuana and cocaine, but also highly addictive prescription medications such as Percocet, a combination of acetaminophen and oxycodone. In some cases, the state may even argue that buying or selling such drugs… Read More »
When Can Georgia Police “Escalate” an Encounter?
Not all police encounters with a member of the public are treated equally under the law. There are actually three “tiers” of police-citizen encounters. Each tier affords the citizen with a different degree of legal protection under the Fourth Amendment. A first-tier encounter refers to any communication where there is no coercion or detention…. Read More »
Georgia Appeals Court Upholds $1 Million Verdict Against Walmart
In a personal injury case, Georgia law authorizes a jury to award both special and general damages. Special damages are more commonly known as economic damages and refer to those financial losses the plaintiff can prove as a result of the defendant’s actions. For example, if you are in a car accident and need… Read More »
How Many DUI Breath Tests Can the State Make You Take?
You are probably well aware of the fact that law enforcement commonly use chemical breath tests to help determine whether a person is legally intoxicated. Actually, it is often multiple tests. Under Georgia law, the police can take two series of two breath samples each to ascertain a DUI suspect’s blood-alcohol concentration (BAC). A… Read More »
DeKalb County Police Department Scrutinized for Selectively Releasing DUI Suspects
Normally, when a police officer has probable cause to arrest a driver on suspicion of DUI, the process is to place the suspect under arrest and take them to the local jail for booking. This is where the suspect is photographed, fingerprinted, and held in jail until they are able to post bail. This… Read More »
Does Georgia’s Medical Malpractice Rules Cover Medical Assistants?
One of the rules that plaintiffs must follow in Georgia medical malpractice cases is the so-called expert affidavit requirement. In most personal injury cases, you are free to sue a defendant whose actions allegedly harmed you. But if you accuse a doctor or hospital of professional negligence, state law requires you to first obtain… Read More »
Is a Parent’s Marijuana Use Relevant to Allegations They Hurt Their Child?
Normally, a prosecutor cannot try to convict a defendant of a crime by pointing to evidence they may have committed some other unrelated criminal offense. This is generally considered inadmissible “character evidence.” That said, the state can offer proof of an uncharged offense as “intrinsic evidence” that it was part of the charged offense,… Read More »