Georgia Supreme Court Drastically Changes DUI Law

Georgia Supreme Court

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.

Get Legal Help Now!

Georgia’s New Hands-Free Law

Georgia 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.

Get Legal Help Now!

Motorcycle Accidents: Motorcycle Helmet Safety

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.

Get Legal Help Now!

Driver Fatigue: Lessons From A Personal Injury Attorney

Driver Fatigue: Lessons From A Personal Injury Attorney

blank

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.

Get Legal Help Now!

ID Cards For Autism

ID Cards For Autism

Positive and fair interactions between the police and the public has long been a common goal between the two and has been a hot button issue in the media for years. The police and the public can and should work together to promote positive interactions, and it looks like the state of Alabama is leading the way! 

Drivers in Alabama who have been diagnosed with Autism are now carrying ID cards they can present to police during a police encounter. You can read the full story over at Autism Speaks.

criminal defense lawyer marietta ga

Way to go, Alabama!

School Sports Safety

School Sports Safety

Now that school is back in session here in metro Atlanta, its time for school sports activities to start back up as well! School sports teams provide great exercise for kids and teens, and are a great way for kids to make new friends. Participating in school sports is also helpful in teaching kids how to contribute toward a team effort and valuable leadership skills.

Of course, as parents, we always worry about our children and team sports do come with certain risks. Although school sports are generally safe activities, any kind of physical activity can pose certain risks.

Here are some school sports safety tips to ensure that your children stay safe!

  • Warm-up! Warming up the muscles and getting them loosened up can help prevent injuries. Some light cardio and stretching is great for warming up! This tip isn’t just for school sports- its generally a good idea for a person of any age to warm up before doing any kind of physical activity.
  • Drink water! Hydration is key in preventing injuries and illness due to over exertion and heat related illness. Not only will encouraging hydration during school sports help your school athletes to stay safe, it will also help promote healthy life long behaviors.
  • Wear proper equipment! Although protective equipment can be cumbersome and be deemed “uncool” by your kids, its vital to keeping your kids safe during sporting activities! Helmets, goggles, mouth guards, etc. are all designed to help protect your kids from serious injuries. Its important that you check all protective gear to make sure its in good condition. If not, it can seriously compromise the effectiveness of the equipment and it should be replaced immediately.

For more information about school sports safety, you can visit the National Center for Sports Safety website.

If you have a child who has been injured in a sports related accident, call Kyle today at (770) 744-5250 for your free consultation. There are many things that can cause a sports related accident, and Kyle has the experience necessary to help you and your child.

 

Back to School

Back To School

Its that time of year again for those of us in Cherokee County, as well as most of metro Atlanta. Whether you have children beginning Kindergarten or your children are in high school, getting kids back to school safely is a top priority for everyone.

Here are four ways for everyone to have a safe back to school experience:

  • Emergency Contacts- Most schools require you to submit emergency information for your child at the beginning of the school year in case something should happen. Keeping a copy of all this information for yourself is a good idea as well! Sometimes in an emergency, its easy to forget vital information. Your emergency information should include contact information for your child’s closest living relative (or other trustworthy adult who knows your child) as well as any food or medical allergies.
  • Cell phones- Its often a hotly debated topic, but letting your children have cell phones so they can stay in contact with you seems to work out well for many families. This can help bring you peace of mind if your children are involved in extracurricular activities before and after school. If your children do have cell phones, make sure they are aware of any boundaries you have set (no texting during class, no browsing the internet for inappropriate content, etc.). If your children are of driving age, its also important to make sure they know the dangers of texting and driving.
  • Review With Your Kids- This one is especially important for younger children. Make sure your children know all their basic information- their name, their birth date, their parents’ names, their address, your home phone number or a parent’s cell phone number. Its also important to make sure your children know who its safe to give this information to. They should only be giving out personal information to a trusted adult such as a teacher, a friend’s parent, or a coach.
  • Make connections- Along with a new school year comes a new classroom, new teachers, and new peers for your children. Participating in school activities and getting to know your childrens’ teachers is a great way to stay involved. Its also a good idea to get to know the parents of your kids peers. This is a great way to know if you’re comfortable with the friends your kids are hanging out with.

While its not possible to always be with your children to make sure they are safe, these are some great tips to follow. If your child has been injured in a school related activity, such as on the playground or at a sporting event, call Kyle today at (770) 744-5250 for your free consultation.

 

 

 

Teenage Drivers: Driving Safety Tips

Teenage Drivers: Driving Safety Tips

I’m sure you can all remember the day that your teenage children were born. It goes by so fast and seems like just yesterday. You’ve taught them to read and write, and you’ve seen them grow up. Now, its time to teach them to be responsible drivers. Having your teenage driver take a driving safety course is a great way to teach them good driving habits. Today’s society is saturated with technology that is presenting teen drivers with all kinds of distractions.

Here are some tips for teaching your teen to drive safely:

  1. Selfies- Driving and taking a selfie is NEVER a good idea. Even if you’re stopped at a red light or stop sign, taking a selfie can dangerously distract you from what’s going on. According to a CNN article written in late 2013, driving and selfie’ing is scarily popular. At the time, there were close to 4,000 posts on Instagram under the hashtag “drivingselfie”. Today, there are almost 30,000. Clearly, this is a dangerous trend that is on the rise.
  2. Set a good example- Its so hard, even as adults, to avoid looking at our phones and checking emails, calendars, and texts. Studies have shown that new drivers have significantly fewer accidents when there is a responsible adult in the car. Because you can’t be with your teen driver all the time, you can do your best to ensure safe driving habits by setting good habits yourself.
  3. Eating- Unfortunately, we all have busy schedules and nearly everyone ends up eating in their car at some point. Similar to texting while driving or taking a selfie while driving, eating while driving is distracting. Eating while driving can increase your teen’s chance of having an accident by up to 80%.
  4. Driving costs- Discussing the monetary costs involved with having a car and driving with your teen can help them take it more seriously. Talking about car insurance, car payments, and gas- and perhaps even sharing the cost with your teen driver- may be a much needed reality check.

 

 

If you or someone you know has been the victim of an auto accident due to distracted driving or a teen driver, call Kyle today for your free consultation at (770) 744-5250.

 

Steps After A Car Accident From A Car Accident Lawyer

Steps To Take After A Car Accident 

Getting in a car accident is something no one wants to experience. Unfortunately, many of us will. According to The Georgia Office Of Highway Safety, there were over 1,000 reported car crashes in 2012. Even a small car crash can impact your day and your life in a huge way. Oftentimes its hard to think logically and rationally after a car crash. Here are a few steps to take after a car crash to help you feel more in control.

  • Check for injuries- Make sure to stop, breathe, and take a second to see if you or anyone else has been injured. Make sure to check all drivers involved and any passengers, including pets. If you feel any pain at all, make sure to have a medical professional check you out, even if you feel that your pain is minor. Some injuries may not present themselves immediately but can cause problems for you in the future.
  • Find witnesses- No matter how small or large your accident is, find someone who witnessed it and get their contact information. Witnesses can be very helpful in providing information to the police and attorneys regarding the facts of your car accident.
  • Take pictures and videos- While eye witness testimony is great, having pictures and videos can help solidify details of your car accident. Using the camera on your smartphone, take pictures and videos of the accident from all different angles. Its also helpful to take videos of the street around you to show direction of travel.
  • Exchange information- Make sure to exchange information with all other drivers involved in the car accident. Make sure you have their full name, address, phone number, driver’s license number, insurance information, license plate number, make and model of the car, and who the owner of the car is. If there are passengers involved, make sure to get their name and phone number, as well. A quick and accurate way to get all this information is to take pictures on your phone of any documents they give you (driver’s license, insurance card, license plate, etc.).
  • Contact a lawyer- Make sure you contact an experienced car accident lawyer. A lawyer will be able to help you sort out what happened, how it has affected you, and what steps you need to take.

If you’ve been in a car accident and need advice on what to do next from a car accident lawyer, contact Kyle today at (770) 744-5250 for your free, expert consultation.

 

Pool Safety Tips For Winter

Pool Safety Tips For Winter

As summer nears its end, its time to start thinking about preparing your pool for the off season. Even though you may not swim in your pool during the fall and winter months, it can still pose a risk to you and especially your small children. There are a few steps you can take to make your pool safer for your children while its not in use. Taking these steps is very important- according to the CDC, most children between the ages of 1 and 4 who drown, drown in a home swimming pool.

Follow these pool safety tips for winter to avoid serious injury or death-

  • Cover your pool- Having a quality winter pool that is in good shape is important. A sturdy, high quality pool cover will generally keep a person out of the water should they fall on top of the cover. However, it is imperative that you let your children know they should never try to walk on the cover.
  • Check your pool cover frequently- Make sure you visually inspect your cover often. The cover needs to be in working order and cover your entire pool. Any rips, tears, or holes should be fixed immediately as they can impair the effectiveness of the cover.
  • Store your toys and floats- If you aren’t going to be using your pool, store all toys and floats away and out of sight. This can prevent your children from being drawn towards the pool as well as prevent accidentally tripping and falling.
  • Fencing- The best way to prevent any accidents in or near your pool is to put a fence around it with a self closing, self latching gate.
  • Active monitoring- If you have small children and they are outside, one of the best ways to keep them safe is to be proactive in monitoring them. If you are nearby, you can prevent them from getting too close to the pool. If they do happen to get too close and fall in, you’ll be right there to help them.

Pools are, without a doubt, a family friendly way to have fun and stay cool all summer. Although they do pose some risks, these risks are easily avoidable by following some safety guidelines.

If you, your child, or someone you know has been hurt in or near a pool, call Kyle today at (770) 744-5250 for your free consultation.