That might be about to change.
]]> The National Transportation Safety Board announced Tuesday that it is considering recommending that all states (which, of course, would include Georgia) lower the limit to 0.05. The NTSB does not have the legal authority to make this change unilaterally, but its recommendation would carry a great amount of weight and influence.If the limit were to be lowered, thousands of people who would not have been considered under the influence by the old standard could suddenly find themselves accused of DUI.
The NTSB has said that in most of the developed world, the BAC standard is 0.05. A spokesman for the organization said that by having our standard higher, we're placing ourselves far from "the cutting edge" of highway safety.
While everyone is in favor of increased safety, we need to carefully consider what we would be giving up and at what cost.
A new lower limit would mean that people could not drink as much in social situations, and that will hurt restaurants, bars, vintners and brewers. Is that something we are willing to do?
Also, do we as a society want to target social drinkers? With a 0.05 standard, the amount people could drink without being considered under the influence would be lowered to a point where many people would not consider themselves "drunk." To some, this smacks of moralizing or attempting to enforce a teetotalling viewpoint on other people.
Whatever happens here, we will be watching closely. You can expect a follow-up post if important details emerge.
Source: The New York Times, “Safety Board Considers Lowering of Legal Limit for Drunken Driving,” Matthew L. Wald, May 14, 2013
]]>From what we understand, his arrest arose from a very confusing situation. When situations are complex and not easily understood, there is the risk that they subsequent criminal charges.
]]> When police arrived at the location from which the call came, they thought they could hear a struggle, so they drew their weapons and forced their way into the apartment.Inside, they saw a scene that led them to believe that the man and his girlfriend had been fighting. The girlfriend told police that the man had accused her of having an affair and that there had been an altercation.
It seems the man who placed the call had not been stabbed. It is not clear quite why he made this claim during his 911 call, but perhaps he only wanted to summon police and had to think fast as to something that would get them to come to his aid.
The man was arrested and has now been charged with assault. He is facing a drug-related offense, but the circumstances of that charge are not clear.
We want to end this post by saying that even while things here are not entirely clear, we need to take a very serious look at allegations of domestic violence. Domestic violence is a reality for too many people and is something we as a community ought to address.
Source: The Athens Banner-Herald, "Athens man calls 911, is arrested on drug and assault charges," Joe Johnson, May 6, 2013
]]>There have now been some developments in the case, so in the interest of comprehensiveness, we thought we would provide an update.
]]> First, some backstory: Witherspoon and her husband, Jim Toth, were arrested around 3 a.m. April 19 in Atlanta after a Georgia state trooper thought Toth was driving erratically. Witherspoon, who had been in Georgia to promote her most recent film, “Mud,” was captured on camera berating the trooper and generally misbehaving. Footage of her antics has since made the rounds on popular celebrity gossip websites.On Friday, May 3, it was learned that Witherspoon, 37, had pleaded no contest to her disorderly conduct charge and paid a $100 fine. She has apologized profusely for her behavior, calling her antics “crazy” and expressing regret over the way she treated the trooper. She has said she had “one too many” glasses of wine that night, but has said she does not see that as an excuse for what she did.
We do not know her personally, of course, but by all appearances, it seems as though she is quite sincere in her regret over her behavior that night.
Toth pleaded guilty to a misdemeanor DUI. He will pay $600, perform 40 hours of community service and enroll in a program for DUI offenders. That’s par for the course when it comes to first-time DUI offenders, according to the Atlanta prosecutor who handled the case.
Source: Associated Press, “Reese Witherspoon pleads no contest, fined after arrest,” Jeff Martin, May 3, 2013
]]>The student's story does a good job of showing why observing decorum with police officers, even when you do not agree with them, is a good idea.
]]> The incident began when the officer told the student he could not have an open container of beer on the sidewalk. The student said "okay" and then began to drink the beer.The officer then issued the student a citation, but the student said he would not sign it because he had done nothing wrong.
The arresting officer reported that he asked the student at least 10 times to sign the citiation, but the student refused each time.
Utlimately, the officer arrested the student and took him to Clarke County Jail.
As we said, even if you do not agree with a police officer, being brash or mouthy is not going to help the situation. Police officers deserve our respect, and from a practical perspective, it is much more effective to fight a charge you feel is unjust later, at a hearing or with the aid of a criminal defense attorney.
As this student's run-in with the law goes to show, rudeness and incivility rarely get anyone far when it comes to dealing with police officers. One has to wonder what would have happened if he had accepted the citation and then contested it later.
Source: The University of Athens Red & Black, "Student charged with open container at Twilight," Kelly Whitmire, April 29, 2013
]]>In this instance, the woman who reported the incident met the man she accused of trying to rape her at an Athens convenience store. The two of them drove around the community and conducted several crack sales, she said.
]]> At some point, the man pulled off Pulaski Street and indicated to the woman he was going to take advantage of her. She tried to rebuff him, but he allegedly took out a box cutter and told her to comply.
The woman said she continued to resist until she blacked out. When she came to, she developed the inference that she had been raped.
The man and woman drove into downtown Athens together and eventually parted ways peacefully. The woman told a friend what happened and he encouraged her to report it to the police. We are glad she had the courage to report what she believe happened; not everyone in this circumstance does, unforunately.
The man was arrested and now faces charges of rape and battery.
As you can tell from the details of this post, the events of that night are somewhat fuzzy. The rights of both the alleged victim and the accused demand that a thorough investigation be conducted so that justice can be done. Rape is an absolutely deplorable crime, but so is rushing to convict someone in the court of public opinion before a proper trial has been had.
Source: The Athens Banner-Herald, "Man beats, rapes woman near downtown Athens," Joe Johnson, April 29, 2013
]]>Somewhat ironically, the police officer was not actually hurt in the incident, but the department released a statement saying he had been put in danger of serious harm by the 23-year-old man.
]]> The incident began around 9:30 p.m. when police were called to a convenience store in the 4000 block of Lexington Road on a report of a fight taking place.When officers responded, they separated the two men who were fighting. The 23-year-old man is said to have resisted the police officer's intervention and then fled the scene at an unsafe speed in his vehicle.
The man is now wanted on allegations of aggravated assault on a police officer, aggravated assault, felony obstruction of a law enforcement officer and robbery. The robbery charge is involved because police believe the two men started fighting when the 23-year-old man tried to steal a gold chain from the other man.
We in no way condone disrespect toward police officers, let alone unsafe behavior that puts them in danger. We do want to point out once again that no harm came to the officer involved in this incident, however.
In circumstances involving criminal charges, it is very important that the accused has a strong, thorough defense. Although our justice system strives to protect the rights of the accused, it can be very helpful to have someone on your side to make sure that is indeed happening.
Source: The Athens Banner-Herald, "Man wanted for assaulting Athens officer after eastside robbery" Joe Johnson, April 22, 2013
Witherspoon, 37, and her husband, Jim Toth, 43, were pulled over around 3:30 a.m. Friday morning after a Georgia state trooper allegedly observed their vehicle swerving and being driven in an erratic manner.
]]> According to the arrest report filed over the incident, Witherspoon refused to follow the trooper's commands to stay in the vehicle. She is said to have asked him, "Do you know my name?" and threatened that he was "about to be on national news."Toth, for his part, was said to have droopy, bloodshot eyes. He failed field sobriety and blood-alcohol content tests and has now been charged with DUI and failure to maintain a lane.
Because Witherspoon was so belligerent with the arresting officer, she has been charged with disorderly conduct.
A few days after the incident, she released a statement saying she was very sorry for what happened and was embarrassed by her own behavior. She said she had "had one drink too many" but said she was not offering that as an excuse.
As we made reference to earlier, Witherspoon is one of the few Hollywood stars with an immaculate reputation. She has never made the tabloids for dodging her taxes, using drugs, having an affair or any of the other typical celebrity muck. If someone like Witherspoon can get into trouble after drinking too much alcohol, who can't?
Source: The Athens Banner-Herald, "Reese Witherspoon 'deeply embarrassed' after Atlanta arrest," Jonathan Drew, April 22, 2013
The officer felt that the 55-year-old Norwood man was drunk and when the officer ran the man's information, it was learned that the man is a felon.
]]> The incident unfolded in the 1200 block of Oconee Street around 1 a.m. April 16. According to an arrest report filed after the incident, the offier pulled the man over because he observed him to be driving with a tire that was so shredded pieces of it were falling off. The man told the officer who pulled him over that he had been looking for a safe place to stop and change the flat.The officer observed that the man smelled strongly of an odor associated with alcohol and failed "several" field sobriety tests. He was given a blood alcohol content test and the reading came back as 0.09. That is just a hair above the legal limit in Georgia, which is 0.08.
The officer then searched the man's vehicle and found a weapon in the trunk. The man was not allowed to have such a weapon because he has felony convictions. The man said he did not own the vehicle and could not account for the weapon, which he denied belonged to him.
The man has now been chareged with DUI, possession of an open container in a vehicle, driving a vehicle with a faulty tire and possession of a firearm by a convicted felon.
Source: The Athens Banner-Herald, "Athens felon arrested after driving drunk with shredded tire," Joe Johnson, April 16, 2013
The 21-year-old victim was rushed to Athens Regional Medical Center and underwent emergency surgery. He was in intensive care as of Friday night. Police have said he was wounded in his chest and had smaller cuts to his arms. He lost a lot of blood, but his injuries are not thought to be life-threatening, according to police.
]]> Police believe the two, who lived in different apartments at The Reserve of Athens off College Station Road, had been arguing for an extended amount of time. A police spokesman said they were friends who "were having problems with each other recently."Evidently, one of the students keyed the other's car on Thursday night. That led to a fight outside the apartment complex, which evidently culminated in the stabbing.
It is not known if the student who has been arrested and charged had a violent or criminal history.
We are not intimately familiar with the details of this case, but from the way police have described it, it sounds to us like a situation got heated and then boiled over. We implore all of our readers to do their best to find constructive and non-violent ways of dealing with their anger and resolving disputes. In our work as criminal defense attorneys, we're all too familiar with circumstances in which people resort to violence and later come to regret their actions immensely.
Source: The Athens Banner-Herald, "UGA student stabbed, in intensive care," Joe Johnson, April 12, 2013
Driving while under the influence of drugs is not okay, of course. That being said, the coverage that we have read of this incident gives us concern that the student's rights were manhandled by overly aggressive police. See if you feel the same way after reading this post.
]]> According to the arrest report filed over the incident, the Athens-Clarke County police officer who arrested the student saw him run a red light on Baxter Street and then pull into a gas station. The officer stopped the student and observed that he had "very red and glassy eyes."The officer reported that he could smell the odor of alcohol, but the student denied that he had been drinking. The student consented to voluntary field sobriety tests. Confusingly, the officer changed his tune at this point and said that during the tests, he did not smell alcohol any longer.
The student was taken to a police station and blew a 0.00 when a blood alcohol test was administered.
Even after that, officers would not let him go. They searched his phone and found text messages that indicated he "may have access to Xanax pills." A drug evaluation expert also opined that the student was under the influence of drugs, but we do not know what evidence that expert used to form his or her opinion. The student's phone was taken as evidence and he was brought to Clarke County Jail.
As we said, it seems to us as though police may have been overly aggressive here. The student might have been ill or suffering from allergies, which would account for his "red and glassy eyes," and it is not illegal to have Xanax if you have a prescription. We hope the student has made arrangements for a strong legal defense.
Source: The Athens Red & Black, "Student arrested and charged with drug DUI after running red light," April 8, 2013
]]>But why?
We understand that lots of Athens students see fake IDs as no big deal. After all, who doesn't have one?
]]> Look at it this way-- drivers' licenses are government documents, so a fake ID is a forged government document. That sounds more serious, doesn't it?Already, the punishment for being caught with a fake ID is tough. You will likely be cited and forced to pay a fine, and we know very few college students have the money for that. Having an underage drinking or fake ID possession citation in your past won't look good to prospective employers or anyone else who finds out about it, either.
In fact, some states are debating whether they need tougher punishments for fake IDs. Some lawmakers want to address what they see as a college drinking culture, and the feeling is that if there were more of a deterrent, fewer people would pursue fake IDs. Recently, New York developed an "unforgeable" drivers' license, in part because it wants to cut down on fake IDs. Virginia has had a similar "unforgeable" drivers' license for several years.
It is important that people who use fake IDs understand that there is a risk to their actions. That being said, it is also important that they understand help is available if they find themselves in over their heads. Yes, using a fake ID is a mistake, but it isn't one you have to fix entirely on your own.
Source: BBC News, "Why fake ID is an American rite of passage," Jon Kelly, April 7, 2013
A Macon woman's crimes are more serious than those we referred to above, but we wanted to relate her story all the same because it is a cautionary tale of sorts.
]]> Federal authorities accused the 38-year-old woman of obtaining victims' personal information and then selling it to others so they could make false filings and collect fraudulent returns.In February 2012, authorities say, the woman sold a list of 35 names and identities to an undercover agent for $200 and then delivered the money to a second woman, who paid her $50. She allowed her personal address to be used on the fraudulent returns, which totaled more than $23,723.
The woman pleaded guilty Thursday to charges of conspiracy and identity theft. She faces up to five years in prison and a $250,000 fine when she is sentenced June 26. She has already agreed to pay $23,723 in restitution.
As we mentioned earlier, we know most of our readers would never contemplate fraud of this scale. We wanted everyone to see, however, the punishment that she faces. If you think it's rather extreme that she could be sent to jail for five years and might have to pay up to $5250,000, even when her alleged crime is only providing information for false tax returns, rather than filing the returns herself, you are not alone.
Source: The Macon Telegraph, "Macon woman pleads guilty to conspiring to obtain Salvation Army clients' identities in tax fraud scheme," Amy Leigh Womack, March 29, 2013
The 28-year-old man has been charged with two counts of stalking, three counts of loitering or prowling, one count of robbery and one count of aggravated assault with the intent to rape.
]]> Those charges stem from two April 2012 incidents local police attribute to the man. In the first episode, he allegedly pushed a woman down an embankment on South Lumpkin Street and stole her cell phone. In the second, he slowly drove past a woman several times and, according to the woman, committed a lewd act as he stared at her.Police have called the man a "serial stalker" and say he has a long history of frequenting student housing areas and bothering young women. So far, he has not actually committed any violent sex crimes.
Police and prosecutors have put out requests for more information about the man's conduct because they believe he might have committed other offenses that have not been reported yet.
The man was first arrested in 2004 after he stalked four college-aged women and called them repeatedly. In 2006, he was convicted of stalking a woman despite a court order to stay away from her. He served a five-year prison sentence for that crime.
Sociologists and criminal behavior experts are divided as to what, if anything, can be done to rehabilitate people like this man. Because he continues to harass and threaten women despite past punishment, it is clear he has a problem and that the problem makes him a danger to society. For the good of both this man individually and our community as a whole, we hope a therapeutic or reformative program that works can be identified.
Source: Online Athens, "Serial stalker of UGA students indicted for attempted rape," Joe Johnson, March 29, 2013
]]>The prosecutor in the case claims that the man accosted the 21-year-old woman as she was walking her dog along the North Oconee River Greenway.
]]> In court on Tuesday, he told jurors the man took the woman into the woods and began to sexually assault her. He was eventually stopped by two women who biked past and were flagged down by the woman's friend, who had been walking a little ahead of the woman when the incident occurred. Together, the three women were able to interrupt the attack, he said.The man has been charged with three counts of aggravated assault, kidnapping, one count of theft by receiving stolen property, two counts of robbery and one count of aggravated sexual battery. Prosecutors have said they plan to ask for a life sentence in prison with no possibility of parole.
Sexual violence has no place in our community. Everyone deserves to feel safe and secure at all times.
We do hope that our readers understand that not all incidents of sexual violence are as clear-cut as the chain of events described by the prosecutor, though. Sexual assaults by strangers are not as common as are those by people known to the victim. It would not be a bad idea for all of our readers, young women especially, to brush up on information that is available about sexual violence. It's just a good idea to be informed about risky situations and what you can do in the event that you find yourself in a potentially dangerous scenario.
Source: The Athens Banner-Herald, "Prosecutors describe accused man's sexual assault of woman on North Oconee River Greenway," Joe Johnson, March 26, 2013
]]>The 18-year-old has been arrested three times this year, first in January on suspicion of drunk driving and marijuana possession and again in an unrelated incident last week, also on suspicion of underage alcohol consumption.
]]> In this most recent incident, the man entered his mother's Athens veterinary clinic on South Lumpkin Street and "caused a disturbance." Police were called and went to the man's apartment, where they reportedly found several empty beer cans. Allegedly, the man admitted to having drunk them.He was taken to Athens-Clarke County Jail and later released on $3,000 bond. He was also ordered to wear an ankle monitor.
The man was also arrested last Tuesday, again on suspicion of underage drinking. After that arrest, he was released from Athens-Clarke County Jail on a $500 bond.
Back in January, he was arrested and charged with DUI, simple possession of marijuana and speeding.
Because we work with criminal defendants, we know everyone makes mistakes. However, three arrests in three months -- to say nothing of two arrests for the same offense in one week -- suggests to us that this man needs help of some kind. If he is guilty of the offenses with which he is charged, then he deserves to be punished. However, we also think it would be good if there were some sort of reformation aspect to his punishment. If he isn't changing his actions, then what good does it do to penalize him the same way over and over again?
Source: The Athens Banner-Herald, "Congressman's son again arrested in Athens," March 22, 2013