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Atlanta Personal Injury Law Blog

Is it okay for you to refuse to take a field sobriety test?

If you are caught driving after you have consumed an alcoholic beverage in Georgia, you may be asked to take a field sobriety test if you are pulled over by authorities. In these types of situations, you may be wondering if it is okay for you to refuse an officer's requests without suffering other consequences. Fortunately, you do have the option to tell authorities that you are not willing to take the test, but it could negatively impact your driving privileges. 

According to verywell.com, you have agreed to some specific "implied consent laws" at the time you applied for and received your driver's license. If you are asked to take a field sobriety test, you can say no, but you risk losing your driving privileges. With a suspended license, you are unable to continue driving even if you have not officially been charged with DUI. In a worst-case scenario, you could be arrested for refusing to comply with a law that you previously consented to following. You should also remember that your refusal may open the door to higher fines and penalties that may have otherwise been avoided. If your case is taken to court, the testimony of authorities can be used against you and if you have denied the request to take a field sobriety test, you have less leverage to use in court as a defense for your case. Despite the circumstances that lead to you getting pulled over and asked to take a field sobriety test, it is usually in your best interest to comply and face the consequences to avoid facing prolonged punishment in the future. 

Baby suffers significant trauma after attack by family dog

For many Georgia parents, one of their worst nightmares is the thought of their children suffering injuries that require excessive medical treatment and rehabilitation. However, sometimes accidents are unavoidable and despite determined efforts to prevent disaster, injuries are inevitable. 

This was the case in a recent incident that happened in Falmouth, Massachusetts when a 1-year-old girl was attacked by the family's pit bull-terrier mix resulting in traumatic injuries. The baby was playing in the kitchen when the dog, who has no history of violent encounters, suddenly attacked her and bit her face. The girl's father was nearby and immediately intervened to try and remove the dog from his daughter. When his attempts were unsuccessful, he went into another room to get a pistol which he soon realized was empty. In efforts to stop the attack and save his child, he grabbed a kitchen knife and stabbed the dog to death. The girl's injuries were extensive and required several hours of surgery after she was airlifted to a hospital in the Boston area. State lawmakers praised the father's quick and proactive thinking and credited him for saving his daughter's life. While the incident was still being investigated, preliminary findings concluded that the attack was seemingly unprovoked. 

Suggestions for reinstating a suspended driver's license

Because Georgia roads are filled with so many motorists on any given day, it can be easy for some to forget that driving is a privilege that is only granted to those who have completed required courses and demonstrate safe driving practices. In some cases, people make irresponsible decisions that could result in the suspension of their license. This punishment, while inconvenient, is designed to encourage offenders to revisit safe driving practices and recommit to follow the rules that have been put into place to protect them, their passengers and other motorists on the road. 

According to the Georgia Department of Driver Services, license suspension can be the result of several things including the following:

  • Driving under the influence of drugs or alcohol.
  • Excessive and repetitive speeding.
  • Failure to perform required child support obligations.
  • Failure to appear for a required court date.
  • Points violations.
  • Driving without proper proof of insurance.

Suggestions for keeping your child safe while driving in a car

If you are the parent of small children in Georgia, chances are they accompany you a majority of the time when you need to travel somewhere in the car. Contrary to what many parents think, while strapping your child into their safety seat can be a life-or-death decision if you are involved in a car accident, your preparation to travel ahead of time can also contribute to their safety. If you are involved in a car accident, planning ahead can at least reduce the chances of your child experiencing debilitating injuries. At Green & Delan, LLC, we are experienced in providing legal assistance to victims of car accidents and are familiar with the risks that motorists face each day.

According to Nationwide, there are several things you can do to better protect your children when they are passengers in your car. These include the following:

  • Keep miscellaneous things secured: If you are taking your child to a soccer game, traveling home from the grocery store or dropping a box at the local goodwill store, make sure that any cargo in your vehicle is secured in the rear of your vehicle. This will prevent things from flying around and causing dangerous hazards if you are involved in an accident.
  • Use child restraints properly: Pay attention to the height and weight requirements of the car seats that you purchase for your children. Make sure you are installing them properly and in compliance with the regulations recommended by the manufacturer.
  • Have your child sit in the back seat: All children should be buckled into the backseat to better protect them from the hazards of the road. Being in the backseat provides an extended measure of protection from airbags and other elements.

Simple ways to protect yourself after a car accident

In the minutes and hours after a car accident, it is easy to make simple mistakes that may end up costing you dearly in the long run. In some cases, your actions could even cost you a personal injury claim, or may unfairly shoulder you with liability for an accident you did not cause.

No matter how serious or slight the accident may seem in the moment, carefully gathering the facts and avoiding assuming liability are always wise steps. Even if another driver acts friendly at the scene of the accident, he or she may change tactics once you are no longer at the scene.

How common are car accident injuries?

When car accidents happen in Atlanta, it is not always easy for people to deal with the aftermath. Witnesses and bystanders may find themselves feeling horrified by the events. Victims and their loved ones often find themselves struggling to recover from their injuries and stress. There are many factors involved in motor vehicle collisions that determine the type and seriousness of injuries, such as road and weather conditions, vehicle speed and design, driver behavior and if seatbelts were in use. 

According to the Centers for Disease Control and Prevention, 200,000 people were hospitalized for car accident injuries while emergency room personnel saw more than 2.5 million crash victims. This does not include the individuals who declined treatment and because they felt they were fine. 

What should you look for in an effective drug treatment program?

If you have a loved one who is suffering from the consequences of a drug addiction, chances are you have considered the assistance of a drug treatment program to provide support and incentive to help your loved one overcome his or her challenges. When you are looking for a facility in Georgia, it is imperative that you do your research to find a place that is capable of providing quality care on a level that is compatible with your loved one's needs and personal requirements. Fortunately, with a basic knowledge of the things you should look for in a drug diversion program, you may feel much more confident when making a selection.

According to the National Institute on Drug Abuse, some of the characteristics you should look for when choosing a program include the following:

  • Adaptability: Effective programs will allow modification as your family member changes. Over time, treatment options may require changes to keep results positive and consistent.
  • Customization: Certain aspects of the program should be customizable to create a personal treatment program that accurately addresses your loved one's weaknesses and needs.
  • Proven results: You should always look for descriptions of a program's results. Testimonials, online reviews and method descriptions from staff are all excellent resources to use.
  • Duration: How long does a program last and what is the process it follows? Depending on the frequency of your loved one's drug abuse and how long he or she has been addicted, an extended program may be required.

Jail time recommended for motorist accused of DUI

Despite the fact that Ohio has rigorous consequences for motorists who choose to get behind the wheel after drinking, there are still drivers out there who make the irresponsible decision to operate their vehicle after consuming alcohol. Such an irrational choice poses an immediate threat to the perpetrator, their passengers and all other drivers around them. In severe cases, the outcome can be fatal. 

Such was the case in an accident that occurred in Long Island. In an alleged DUI-related crash, a woman admittedly told investigators that she had consumed three glasses of wine before getting into her vehicle. Tests revealed that the woman's blood alcohol content level was 0.15 percent at the time of the accident. The legal limit is 0.08 percent. The woman had been driving on Northern State Parkway when her SUV plowed into the back of a cab. The cab's driver suffered severe trauma from blunt impact and died after arriving at a local hospital.

Can you really afford to have a criminal record?

If this is your first time being accused of committing a crime in Atlanta, you may think that the chances of you receiving a harsh sentence is low. What you might not understand is that the law is not very kind to offenders, no matter how many times they have run afoul of it. Not having a criminal record can help to open doors that having one would normally close. 

The penalties and consequences of having a criminal record are not easy for many people to live with. They face numerous challenges in their everyday lives. In hindsight, many of them wish they would have realized the seriousness of their situations a little sooner. If you do not believe that a criminal record can have a drastic effect on your life, just ask yourself the following questions. 

What are the first steps in a personal injury claim?

Imagine a scenario in which you suffer a serious injury in a motor vehicle accident. You realize that your health and well-being is more important than anything else, but you also want to learn more about your legal rights at some point.

In other words, you hope to file a personal injury claim with the idea of receiving compensation from the negligent party. Although this can be full of twists and turns, as well as a variety of challenges, there are some steps you can take to put yourself on the right track.

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