Author: MIke Robertson

  • Georgia Supreme Court Drastically Changes DUI Law

    Georgia Supreme Court Drastically Changes DUI Law

    Georgia Supreme Court Drastically Changes DUI Law

    Georgia Supreme Court

    I have a lot of mixed feelings about the Georgia Supreme Court’s opinion in Elliott vs. State. Make no mistake, there is a lot to digest in this 90+ page opinion. But one this is certain, major changes to our understanding of Georgia DUI law is here.

    This ruling provides protection to individuals charged with Driving Under the Influence. The Court held that the State of Georgia can no longer use a person’s refusal to take the state administered breath test against them at trial for a DUI. This ruling is based on the Court’s interpretation of the Georgia Constitution that provides more protection against self-incrimination than the Federal Constitution. However, the opinion makes clear that the ruling does not apply to civil proceedings where a DUI driver is sued for hurting someone or causing a crash.

    I’ve vigorously defended good people charged with DUI. As a personal injury lawyer, I’ve helped families through the horrific aftermath that a drunk or impaired driver can cause to a person and their family.

    Still, the best advice a lawyer can give you if you are concerned about alcohol and driving has not changed. Call a cab. Use Uber or Lyft. Find a sober driver. Do it for yourself. Do it for your community.

    Click here to Read the GA Supreme Court’s full opinion.

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  • Woodstock Lawyer Kyle Koester Recognized as GA Super Lawyer Rising Star

    Woodstock Lawyer Kyle Koester Recognized as GA Super Lawyer Rising Star

    Woodstock Lawyer Kyle Koester Recognized as GA Super Lawyer Rising Star

     

    Woodstock Personal Injury Lawyer Kyle Koester Recognized as GA Super Lawyer Rising Star.

     Kyle Koester is proud to announce his selected to the Georgia Super Lawyers list for 2019. Being named to this list is no small feat. First, an attorney must be nominated by a colleague and must be evaluated by his or her peers.
    If an attorney passes this initial phase, he or she is then evaluated on 12 indicators of peer recognition and professional achievement. The Georgia Super Lawyers list is comprised of less than 5% of attorneys practicing in the state of Georgia.

    Kyle is truly honored to have been selected to this list, and strives to continue serving his clients and exceeding their expectations in the years to come. Kyle is extremely passionate about the work his office does. Koester Legal is committed to helping those injured in auto accidents get full compensation. Kyle’s is most proud of the work he does for children with autism or other special needs. This work includes helping vulnerable children when they have been injured in a car crash, are the victim of sexual assault, or accused of a crime.

    Kyle’s hard work and success is demonstrated by being named in the top 5% of attorneys in the state of Georgia. Put his knowledge, hard work, and expertise to work for you in 2019!

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  • Georgia’s New Hands-Free Law

    Georgia’s New Hands-Free Law

    Georgia’s New Hands Free Law

    Georgia Hands Free Law

    If you live in Georgia, chances are that you’ve heard of the new “hands-free” law about to go into effect. According to the National Highway Traffic Safety Administration, distracted driving was the cause of nearly 400,000 injury accidents in 2015. In 2016, its estimated that distracted driving was the cause of 3,450 fatal accidents. Nearly all auto accidents in Georgia are the result of one or more drivers not paying attention. The purpose of this new law is to reduce the number of crashes, injuries, and fatalities on Georgia roads. There’s been lots of misinformation floating around the internet and social media regarding this law. In order to make sure that you stay on the right side of the law, we’ve broken the new hands-free law down for you.

    Let’s start with the basics:

    The law means that you are not allowed to operate your vehicle while operating a cell phone, holding a cell phone with your hand, or supporting your cell phone with any other part of your body. Its also important to note that law enforcement can initiate a traffic stop and write a ticket for violating this law alone. In other words, they do not need to observe any other violation to enforce this law.

    What does the law include?

    Georgia’s hands-free law includes cell phones, portable telephones or text messaging devices, personal digital assistants, stand alone computers or laptops, GPS receivers, any similar portable wireless device used to send and receive data. The law does NOT include the radio, CB radios, commercial two-way radios, subscription based emergency communication devices, medical devices with a prescription, amateur radio devices, in-car navigation systems.

    What are the rules?

    A driver may NOT hold or support a wireless telecommunications device with any part of his or her body. The exceptions include earpieces, headphones, and smart watches.

    Drivers may not read, send, or receive text messages with the exception of voice-based communications that are converted to written text messages.

    GPS may only be accessed by a driver while lawfully parked The screen may be viewed, but the device can not be held or supported by any part of the driver’s body.

    Drivers may not watch videos.

    Drivers may not record videos unless using a standalone dash camera.

    Commercial drivers may not use more than one button to initiate a voice conversation.

    Commercial drivers may not reach for a wireless communication device if it causes them to no longer be seated properly in the driver seat or properly restrained by their seat belt.

    What are the exceptions?

    There are some exceptions for all drivers.

    These exceptions include reporting a traffic accident, medical emergency, fire, crime, or hazardous road condition.

    Employees or contractors of a utility service provider acting within the scope of their employment while responding to a utility emergency.

    First responders during the course of their job duties.

    If you’ve been injured by a distracted driver or for more information about Georgia’s new hands free law, call the Law Offices of Kyle E. Koester, LLC at 770-744-5250.

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  • Focus on the Road. Focus on the Future. End Distracted Driving.

    [vc_row fullwidth=”true” css=”.vc_custom_1488988860505{background-image: url(https://www.koesterlegal.com/wp-content/uploads/2015/03/sex-crimes-lawyer-woodstock-ga.jpg?id=6471) !important;}”][vc_column][mk_padding_divider size=”70″][mk_fancy_title color=”#ffffff” size=”24″ font_weight=”bold” margin_bottom=”0″ font_family=”Libre+Baskerville” font_type=”google” align=”center”]

    Focus on the Road. Focus on the Future. End Distracted Driving.

    [/mk_fancy_title][mk_padding_divider size=”60″][/vc_column][/vc_row][vc_row fullwidth=”true”][vc_column][mk_padding_divider size=”60″][mk_clients height=”115″][/vc_column][/vc_row][mk_page_section][vc_column width=”2/3″][vc_column_text]Focus on the Road. Focus on the Future. End Distracted Driving.

    The time period between Memorial Day and Labor Day have been dubbed the “100 Deadliest Days” by the AAA Foundation for Traffic Safety. Historically, the average number of traffic fatalities involving teen drivers ages 16-19 increased by 16 percent per day during this time of year compared to other days of the year.
    According to the Centers for Disease Control and Prevention (CDC), 2,333 teenagers were killed in car crashes in 2015, and another 221,000+ teens needed emergency medical treatment as the result of a car crash. Teens are more likely than elderly drivers to underestimate hazardous situations or not recognize dangerous driving conditions. Make no mistake, driving is a complex skill. A skill that must be practiced and modeled by more experienced, cautious drivers.
    Teen driver’s lack of driving experiences, compounded by the natural risk-taking behavior of youth, puts all drivers at a heightened risk of injuries on the road. According to the AAA Foundation for Traffic Safety, 60 percent of teen crashes involve distracted drivers such as texting or using social media while driving.
    Focus on the Road. Focus on the Future. End Distracted Driving. Parents, please set clear guidelines to keep your teens safe on the road. Complete a Parent – Teen Driver Contract. You can Download the Contract here!

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     GET LEGAL HELP NOW

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    FOR A FREE CONSULTATION CALL
    770-744-5250
    OR FILL OUT THE FORM BELOW. 

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  • Motorcycle Safety Awareness Month

    Motorcycle Safety Awareness Month

    Motorcycle Awareness Month

    May is Motorcycle Safety Awareness Month! The goal of this is to remind drivers behind the wheels of their cars and riders behind the handlebars of their motorcycles to always be cautious of everyone on the road. With warmer temperatures here and summer just around the corner, more and more motorcyclists will be taking to the road. It is vital that everyone on the road be mindful of their surroundings at all times.

    Because motorcycles are so much smaller than cars and trucks, its easy for them to go unnoticed as they travel down the road. Unfortunately, this often leads to a large number of motorcycle accidents each year. The National Highway Traffic Safety Administration (NHTSA) reports that motorcyclists are 30 times more likely to die in a crash than the occupants in a car and 5 times more likely to be hurt. In 2015 alone there were 163 motorcyclists fatalities.

    The summer months are generally the most dangerous months for motorcyclists, so the American Motorcyclist Association (AMA) asks that drivers of cars and trucks take extra precautions when driving during these months. The AMA launched the May motorcycle safety awareness initiative in the 1980s and its has since grown in popularity nation wide. The NHTSA stands behind the cause, as do a number of states and insurance companies. Some states have even launched their own programs and initiatives to support motorcycle safety awareness.

    This summer, whether you are driving a car or riding a motorcycle, please take extra precautions to keep our roads in Cherokee County safe. For more information about motorcycle safety or if you or a loved one have been involved in a motorcycle accident, contact us at (770) 744-5250!

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  • Child Pornography Defense Lawyer

    Child Pornography Defense Lawyer

    According to both federal and state laws, it is illegal to produce, possess, distribute, or sell pornographic materials that exploit (or portray) a minor. A minor is someone who is under the age of 18. Child pornography laws are being implemented more and more to punish crimes that have occurred using the internet to obtain, share, and distribute pornographic material that involves minors or children. Pornographic material can refer to pictures or videos.

    The following federal laws reference child pornography-

    18 U.S.C. § 2251– Sexual Exploitation of Children (production of child pornography)
    18 U.S.C. § 2251A– Selling and Buying of Children
    18 U.S.C. § 2252– Certain activities relating to material involving the sexual exploitation of minors (Possession, distribution and receipt of child pornography)
    18 U.S.C. § 2252A– Certain activities relating to material constituting or containing child pornography
    18 U.S.C. § 2260– Production of sexually explicit depictions of a minor for importation into the United States
    State laws vary.

    Even if you are a first time offender who is being charged with producing child pornography, you may still be sentenced to hefty fines and between 15 and 20 years in prison. You also may be prosecuted under federal law, state law, or both for any offense related to child pornography.

    Because penalties for child pornography related offenses are so stiff- much more so than for other criminal offenses- if you are facing these charges you need an experienced child pornography defense lawyer. A guilty conviction may land you in prison for up to 20 years and you may be registered as a sex offender for life. These consequences will follow you for the rest of your life and could affect your relationships with family and friends and may affect your ability to get a job.

    As an experienced child pornography defense lawyer, Kyle understands the severe consequences you are facing and what is at stake. Kyle relies on his knowledge, experience, and tried and true defense strategies to get acquittals, to negotiate for lesser charges and sentences, and to have convictions overturned on appeal. Once you have contacted Kyle, he will go to work right away to begin building your custom defense strategy.

    Kyle can help defend you if you are facing any of the following charges:

    • Manufacturing child pornography
    • Possession of child pornography
    • Distributing of child pornography
    • Downloading or uploading child pornography
    • Having child pornography on your computer

    If you are facing any of the aforementioned charges, it is especially important that you contact a child pornography defense lawyer immediately! However, it is also important to contact a child pornography defense lawyer if you believe you may be facing these charges in the future. Many times, if you are the subject of a child pornography investigation, you will be aware of it before formal charges are brought against you. Having a child pornography defense lawyer before formal charges are brought against you can be extremely helpful. In some cases, it may even be possible for you to avoid having charges brought against you at all if you have a lawyer early enough in the process.

    If you believe you are the subject of a child pornography investigation or if you are facing child pornography charges, call Kyle immediately at (770) 744-5250 so he can begin working for you!

    FOR A FREE CONSULTATION CALL
    770-744-5250
    OR FILL OUT THE FORM BELOW. 

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  • Motorcycle Accidents: Motorcycle Helmet Safety

    Motorcycle Accidents: Motorcycle Helmet Safety

    Motorcycle Accidents: Motorcycle Helmet Safety

    Motorcycle Helmet Safety

    Motorcycle riding and motorcycle racing are activities that provide excitement and joy to riders all over the United States and the rest of the world. Motorcycle riding is particularly popular in Georgia, where temperatures are temperate enough to ride motorcycles nearly all year long. While motorcycle riding is a popular, enjoyable activity, it can also be dangerous as motorcycle accidents can occur.

    The most effective measure against motorcycle related fatalities is wearing a helmet. According to the National Highway Traffic Safety Administration (NHTSA), helmets saved approximately 1600 lives in 2011, but approximately 700 more could have been saved if motorcyclists had been wearing helmets. Nearly half of all motorcycle fatalities could be prevented by wearing a helmet.

    Here are some motorcycle helmet safety tips to keep in mind when purchasing a helmet-

    Every helmet needs a DOT seal of approval. If your helmet does not have a DOT seal of approval sticker on it, it may not be of the best quality. Make sure every helmet you buy comes with a DOT seal of approval sticker for maximum effectiveness.

    Your helmet should fit snugly. If you can easily lift your helmet off from the back of your head, its probably not a proper fit. You should be able to feel padding at the front and top of your head at minimum. A full face or open face helmet will give you additional padding on the cheeks and chin.
    Helmets come in three styles- full coverage, open face, and shorty. A full coverage helmet will give you maximum protection.

    Motorcycle accidents injure and kill many people each year. By following the aforementioned motorcycle helmet safety tips, hopefully you can prevent future injuries or deaths. If you or a loved one has been in a motorcycle related accident, contact Woodstock personal injury lawyer Kyle Koester today at (770) 744-5250.

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  • Tips From A Car Accident Lawyer: Emergency Supplies

    Tips From A Car Accident Lawyer: Emergency Supplies

    Tips From A Car Accident Lawyer: Emergency Supplies

    Car Accident Tips

    Cars are a crucial part of everyday life for most of us. They take us to and from work, school, church, doctor appoints, etc. Unfortunately, its impossible to predict when or where your car is going to break down, not start, or get a flat tire. These little headaches are next to impossible to avoid, and most of us have probably dealt with one or more of these issues in the not so distant past.

    Driving a car or riding in one also brings with it the risk of being in an accident. According to car insurance averages, you will probably get in 3-4 accidents over the course of your life. Fortunately, these accidents will more than likely not be deadly, but they can still cause a major headache for you.

    As an experienced car accident lawyer, I’ve heard many stories from clients who have gotten into sticky situations involving their cars. While I can’t help you avoid car troubles or accidents, I can help you be more prepared should you find yourself in one of these situations.

    Here’s a list of emergency supplies you should always have in your car:

    First-aid kit- A first-aid kit will come in handy more than you expect! If you have kids, its always a good idea to have one in case of any accidents. Also, if you get into a car accident, you will be able to begin treating any minor injuries while you wait on paramedics.

    Flashlight- If you have car troubles early in the morning before the sun has risen or late at night after it has set, you’ll need a flashlight to see what’s going on. A flashlight will be helpful if you need to look under your car’s hood, change a tire, or walk to the nearest gas station. Make sure your flashlight has working batteries in it and that you have a spare set in your car.

    Cash- Its so easy for us to go weeks at a time without needing cash since most of us use our debit or credit cards. Keeping some cash hidden in a safe compartment is always a good idea in case you lose your wallet or find yourself using a vendor or retailer who doesn’t accept debit cards or has a debit card system that isn’t working.

    Food and water- Having water and non perishable snacks in your car at all times may seem like overkill, but if you find yourself stranded and in need of food and water you’ll thank yourself. In a worst case scenario, having food and water in your car could save your life. Remember Atlanta’s “snowmageddon” in 2014? Food and water were definitely coveted items for many stranded motorists.

    Jumper cables or a self-charging auto jumper- I’m sure most of you have, at some point, experienced a dead car battery. It happens to most of us more than once! Having a dead battery in an isolated area or when you’re on vacation can be a huge hassle. Keeping jumper cables or a self-charging auto jumper can help you easily take care of a dead battery situation.

    Car cell phone charger- We all know the headache that comes with a dead cell phone battery. Generally, a dead cell phone battery is just a minor annoyance. However, if you are stranded due to a broken down car or have been in a car accident, a dead cell phone can pose a real problem. Keeping a charger for your cell phone in the car is always a good idea.

    Keeping the aforementioned items in your car in case of an emergency can help bring you peace of mind and help you feel better prepared. If you or someone you know has been in a car accident and you are in need of a car accident lawyer or personal injury lawyer, call me today at (770) 744-5250 for your free consultation.

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  • Driver Fatigue: Lessons From A Personal Injury Attorney

    Driver Fatigue: Lessons From A Personal Injury Attorney

    Driver fatigue is a serious problem that is becoming bigger by the day. There are thousands of accidents every year, and the fast paced, technological world we live in today is certainly not helping to lower the accident rate in our country. Sleep deprivation is becoming increasingly more common among people of all ages. According to the National Sleep Foundation, the National Highway Traffic Safety Administration estimates that 100,000+ police reported crashes are the result of driver fatigue.  These crashes result in approximately 1,550 deaths each year. That’s 1,550 lives that could be saved by getting more rest or not driving when drowsy! Unfortunately, there is no test (like a breathalyzer) to determine if a driver is too sleepy to drive.

    The National Sleep Foundation also reminds us of the high personal and economic costs that are risked by driving while fatigued. If you cause a car accident due to driver fatigue you can face jail time as well as steep fines and high automobile insurance costs. Multi-million dollar settlements have been won by families of crash victims against the at fault driver.

    As a personal injury attorney, I am all too familiar with the results of crashes due to driver fatigue. Here are some tips that you can follow in order to avoid being a fatigued, at fault driver in a crash:

    • Be mindful of early morning driving. Most crashes caused by tired drivers occur between 2am and 6am.
    • Be mindful of afternoon driving, too. Afternoon naps are great, but not while you’re driving! The second most popular time of day for crashes caused by tired drivers is between 2pm and 4pm.
    • Know if you’re at risk. Male drivers between the ages of 18-29, truck drivers, adults with children, and shift workers are more likely to suffer from driver fatigue. You’re also more likely to fall asleep while driving on a high speed, long, boring highway.
    • Take a nap and have a coffee. Seriously! Pulling off the road for a short nap (20 minutes or so) and having a caffeinated beverage can help keep you awake long enough for you to get where you’re going.
    • Avoid alcohol and over the counter drugs that cause drowsiness. This should go without saying, but if you know you’ve got a drive ahead of you, avoid alcohol and sleep inducing drugs.

    If you or someone you know has been the victim of a car crash, you deserve compensation. Call me today for your free consultation at (770) 744-5250. I’ll gather all the facts and evidence in your case to make sure that you are fairly compensated for any loss suffered.

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  • Tips From A Car Accident Lawyer: Emergency Supplies

    Tips From A Car Accident Lawyer: Emergency Supplies

    Cars are a crucial part of everyday life for most of us. They take us to and from work, school, church, doctor appoints, etc. Unfortunately, its impossible to predict when or where your car is going to break down, not start, or get a flat tire. These little headaches are next to impossible to avoid, and most of us have probably dealt with one or more of these issues in the not so distant past. Driving a car or riding in one also brings with it the risk of being in an accident. According to car insurance averages, you will probably get in 3-4 accidents over the course of your life. Fortunately, these accidents will more than likely not be deadly, but they can still cause a major headache for you.

    As an experienced car accident lawyer, I’ve heard many stories from clients who have gotten into sticky situations involving their cars. While I can’t help you avoid car troubles or accidents, I can help you be more prepared should you find yourself in one of these situations.

    Here’s a list of emergency supplies you should always have in your car:

    1. First-aid kit- A first-aid kit will come in handy more than you expect! If you have kids, its always a good idea to have one in case of any accidents. Also, if you get into a car accident, you will be able to begin treating any minor injuries while you wait on paramedics.
    2. Flashlight- If you have car troubles early in the morning before the sun has risen or late at night after it has set, you’ll need a flashlight to see what’s going on. A flashlight will be helpful if you need to look under your car’s hood, change a tire, or walk to the nearest gas station. Make sure your flashlight has working batteries in it and that you have a spare set in your car.
    3. Cash- Its so easy for us to go weeks at a time without needing cash since most of us use our debit or credit cards. Keeping some cash hidden in a safe compartment is always a good idea in case you lose your wallet or find yourself using a vendor or retailer who doesn’t accept debit cards or has a debit card system that isn’t working.
    4. Food and water- Having water and non perishable snacks in your car at all times may seem like overkill, but if you find yourself stranded and in need of food and water you’ll thank yourself. In a worst case scenario, having food and water in your car could save your life. Remember Atlanta’s “snowmageddon” in 2014? Food and water were definitely coveted items for many stranded motorists.
    5. Jumper cables or a self-charging auto jumper- I’m sure most of you have, at some point, experienced a dead car battery. It happens to most of us more than once! Having a dead battery in an isolated area or when you’re on vacation can be a huge hassle. Keeping jumper cables or a self-charging auto jumper can help you easily take care of a dead battery situation.
    6. Car cell phone charger- We all know the headache that comes with a dead cell phone battery. Generally, a dead cell phone battery is just a minor annoyance. However, if you are stranded due to a broken down car or have been in a car accident, a dead cell phone can pose a real problem. Keeping a charger for your cell phone in the car is always a good idea.

    Keeping the aforementioned items in your car in case of an emergency can help bring you peace of mind and help you feel better prepared. If you or someone you know has been in a car accident and you are in need of a personal injury lawyer, call me today at (770) 744-5250 for your free consultation.