Author Archives: Jay Butchko
What Happens If a Georgia Police Officer Gives an Incorrect “Implied Consent” Warning?
When a Georgia law enforcement officer arrests a driver suspected of DUI, the officer is required to give an “implied consent warning” prior to requesting a breath or blood test to determine the driver’s blood alcohol content (BAC). By law, anyone allowed to drive in Georgia is presumed to give their consent to such… Read More »
BMW Faces Lawsuit in Atlanta Federal Court Over Auto Accident
Modern automobiles include a number of safety features intended to protect the vehicle’s occupants in the event of an auto accident. Unfortunately, some of these features do not work as advertised. And in many cases, it is actually a defect in the design or manufacture of the car that leads to serious injury and… Read More »
How a Grocery Store’s Inspection Policies Affect Your Georgia Slip and Fall Accident Case
Slip and fall claims against Georgia retail stores often turn on the issue of “constructive notice.” The idea behind constructive notice is that a property owner cannot claim ignorance of a hazard that they should have discovered by exercising basic due diligence. For example, if a customer slips on a puddle of liquid in… Read More »
Can Your Refusal to Take a Breath Test Be Used Against You in a Georgia DUI Trial?
Georgia’s “implied consent” law means that if a person suspected of DUI refuses to submit to a blood or breath test, their driver’s license will be automatically suspended regardless of the outcome of any subsequent criminal prosecution. Prior to 2019, a suspect had no legal right to even refuse the breath test. And any… Read More »
When Can the State Appeal a Georgia DUI Case?
If you are convicted of a criminal offense such as DUI, you have the right to file an appeal. The purpose of an appeal is not to retry your case. Instead, an appeal gives a defendant the opportunity to argue that certain legal errors made during the trial of their case justifies certain relief,… Read More »
How a Prior Conviction Can Turn Manslaughter Into Murder
Voluntary manslaughter in Georgia refers to a situation where a person “causes the death of another human being under circumstances which would otherwise be murder,” except for “a sudden, violent, and irresistible passion” arising from an act that would provoke a reasonable person. To give a common hypothetical example, if two people get into… Read More »
The Role of Expert Witnesses in Georgia Auto Accident Cases
When sorting out liability for an auto accident in Georgia, you typically do not require testimony from expert witnesses. After all, if someone runs a red light and plows into another vehicle in front of a dozen witnesses, it does not take an engineer to explain to a jury what happened. That said, there… Read More »
Who Pays If I Am Injured in an Uber or Lyft Accident in Georgia?
For many Atlanta residents, using a rideshare service like Uber or Lyft is a more convenient and economical way to get around the area, especially if you are in no condition yourself. Unfortunately, a rideshare vehicle can get into a serious auto accident just like any other vehicle. So if you are injured as… Read More »
When Does “Double Jeopardy” Apply in Georgia?
The Fifth Amendment to the United States Constitution provides that no person may be “subject for the same offense to be twice put in jeopardy of life or limb.” Known as the double jeopardy rule, in simple terms this means the government cannot try you a second time on a criminal charge if you… Read More »
Can a Georgia Police Officer Stop You Based on a Mistaken Understanding of the Law?
A traffic stop is often a precursor to a police officer investigating more serious charges, such as DUI or drug crimes. But an officer cannot simply invent a non-existent traffic violation. The officer must have a “reasonable suspicion” that the driver broke some traffic law before initiating a stop. And a judge can suppress… Read More »