Recent Blog Posts

Have a Happy Cinco de Mayo.....but Watch out for DUI Roadblocks!

Richard Lawson — Sat, 05 May 2012 18:52:00 GMT

While you should enjoy your Cinco de Mayo plans this Saturday, be mindful of aggressive Gwinnett County DUI enforcement. For the first time in five years, Cinco de Mayo falls on a weekend. This means police that Gwinnett County officers, as well as law enforcment from cities such as Lawrenceville, Suwanee, and Duluth, GA, are going to be on patrol looking to pull over anyone that might have been celebrating Cinco de Mayo with too many margaritas or tequila shots. Gwinnett and Duluth police know that Cinco de Mayo is a night for enjoying drink specials and some people have a little (or a lot!) too much. City of Duluth and Lawrenceville police usually see a rise in DUI arrests on Cinco de Mayo and that combined with it being on a Saturday night this year is a red flag for Gwinnett DUI enforcement. Expect police to be out full force this weekend. This may include DUI roadblocks and a higher that average number of patrol vehicles out, especially at night.

If you do get stopped this weekend or anytime at a checkpoint or roadblock and charged with a DUI, make sure you call an experienced Gwinnett DUI lawyer right away. Our legal team can help you determine if the roadblock was set-up according to legal protocol and if not, we can help you get your charges dropped. Take caution any time driving and alcohol is involved, and if the worst happens, know that we are here to help 24/7.

Drug Related DUI Arrests

Richard Lawson — Sat, 05 May 2012 18:46:00 GMT

DUI is a serious enough charge, but a drug related DUI could be even worse. At the Gwinnett County Law Offices of Richard S. Lawson we also specialize in drug related DUI. This is all magnified when your career may be at stake.

For example in April 2012, there was a lot of press about a teacher in Newton County, GA that was pulled over for potential DUI as she was driving erratically in and out of her lane. She said she was unable to perform a field sobriety test because of physical health problems but a manual reading done on a portable Blood Alcohol Sensor showed her blood alcohol level was .143 and she was placed under arrest.

The arresting officer also noticed a white powdery substance in the middle console of her vehicle. This substance is believed to be cocaine and she was charged with possession of cocaine as well. This woman is facing charges that include jail time, loss of license, heavy fines, and more. In addition, as a teacher she may be asked to resign or be straight out fired.

If you or someone you love has been arrested for DUI and drug possession, call our Gwinnett County DUI lawyers right now. We are available 24 hours a day and 7 days a week to answer your questions about a Gwinnett County DUI and give you a free consultation. If you were in a specific field, such as public education, it is all the more critical you seek counsel right away as your job may be on the line.

Gwinnett County's Sheriff Conway Sued for Wrongful DUI Arrest

Richard Lawson — Tue, 01 May 2012 02:22:00 GMT

Former Gwinnett Co. Commission Chairman Charles Bannister filed a lawsuit in federal court accusing Sheriff Butch Conway of falsely and wrongfully arresting him for DUI. Bannister asserts that this DUI arrest was part of a plan to remove him from office in Gwinnett.

The federal lawsuit accuses Sheriff Conway and two of his Gwinnett officers of false arrest, false imprisonment and retaliatory prosecution. The suit seeks damages for humiliation, embarrassment and anguish which the DUI arrest caused Mr. Bannister.

Bannister was arrested for DUI in June 2010 in Lilburn while he was driving his county issued car. At the time of the DUI arrest, Bannister submitted to two breath tests which were negative for alcohol. Nevertheless, the Gwinnett sheriff's deputies booked Bannister into the county jail, took his mug shot and then transported him in shackles to the Gwinnett Medical Center in Lawrenceville for a blood test. The blood test was negative for alcohol as well. Following these results, Sheriff Conway made a public apology for their mistake.

This incident brings up a lot of public policy considerations. First of all, most DUI cases in Gwinnett County are alcohol cases and the Gwinnett DUI officer requests that a breath test be conducted on the Intox5000. Thousands of prosecutions in Gwinnett have been based on over the limit test results alone. This has been true even when drivers look good on videotapes of field sobriety evaluations. What I find odd is that even Sheriff Conway did not trust the results of the Intox5000 when it came back as a 0.00 BAC for Chairman Bannister. His deputies proceeded to take Bannister for a blood test. If the Intox5000 is reliable, why did the Sheriff not trust it? That calls into question the validity and reliability of every single person who has been convicted in a DUI case in Gwinnett County.

Another troubling issue with this incident is the administrative license suspension problem associated with refusals and alleged refusals of the breath and blood tests in Georgia. Under Georgia law, if an officer suspects a driver of DUI and requests that they take a blood or breath test, a refusal of this test leads to a one year "hard" suspension of one's Georgia driver's license. If the DUI is reduced by a Gwinnett prosecutor to reckless driving or if you go to trial and win on the DUI charge, the license suspension ends, but many drivers cannot risk losing their license even for a short time. If Mr. Bannister had refused to submit to a blood test after taking a breath test that was negative because he felt he was being wrongfully harassed, his driver's license could have become suspended until the charge was dropped or a "not guilty" verdict was returned. This is troubling but true.

In reality, what happens in many DUI cases in Gwinnett County involving a refusal of a blood or breath test, is that the Gwinnett officer agrees to drop the administrative license suspension if the accused agrees to plead guilty to the DUI. Since many will lose their job if they lose their license (or have responsibilities to their children / families that require driving), many with winnable DUI cases waive their right to contest their case so they can avoid the administrative suspension penalty.

It is scary to think how much power Gwinnett County DUI officers can have. It is completely within their discretion to stop your car, conduct field sobriety tests on you, determine if they think your performance is satisfactory, and then choose what kind of chemical test to subject you to. What is increasingly scary is that you can be arrested even without a drop of alcohol in your system. DUI – drug arrests are common if they think you are driving under the influence of an illegal substance such as marijuana, or even a lawfully prescribed medication.

A knowledgeable Gwinnett County DUI lawyer is needed if you feel you have been wrongfully or unjustly arrested or charged in Gwinnett County. There are many possible defenses to DUI and sometimes, as Mr. Bannister's case exemplifies, the arrest itself was completely wrong and possibly politically motivated. There is too much at stake to just "see what happens." Contact the Gwinnett Co. DUI Law Office of Richard Lawson today.

Singer Bobby Brown Pleads Guilty to DUI

Richard Lawson — Mon, 30 Apr 2012 03:46:00 GMT

On the afternoon of March 26, 2012 singer and Georgia native Bobby Brown was pulled over in San Fernando Valley, California for talking on his cell phone while driving. The officer noticed the driver appeared to be intoxicated and asked Mr. Brown to perform a field sobriety test. He was not able to pass the test according to reports, and was arrested for DUI on the spot.

On April 25, 2012 Mr. Brown plead no contest to the charge of misdemeanor DUI. He was sentenced to 3 years probation, a mandatory 90-day alcohol awareness program, a $390 fine and one day in jail. He worked with his DUI lawyer to get the best deal possible for his situation. If you are in a similar situation in Gwinnett County, GA you need to know that getting the best quality legal representation is not just for celebrities.

As you can see from Bobby Brown's situation, anyone can be charged with a DUI at any time. A DUI charge can mean a lot of steep penalties and fines, but working with an experienced Gwinnett DUI attorney can give you your best chance to avoid jail time and get your life back to normal.

If you are facing a Gwinnett Co. DUI and are looking for the best DUI attorney, look no further than The Law Offices of Richard S. Lawson.

Former Child Actress Arrested for DUI

Richard Lawson — Tue, 24 Apr 2012 02:18:00 GMT

Former Nickelodean actress Amanda Bynes, now 26, who has appeared recently in movies such as "Easy A" and "She's the Man," fled from a police officer several weeks ago when she was about to get a citation for talking on her cell phone. Now she has been arrested for DUI in Los Angeles. In the early morning hours, her vehicle sideswiped the vehicle of a police officer. After stopping her and speaking with her, the Officer determined that Ms. Bynes was a less safe driver due to the consumption of alcohol and she was arrested for driving under the influence.

Ms. Bynes' father made a comment to People magazine that Amanda does not drink and that she was just nervous and upset. He believes that the officer mistook her nerves for intoxication. Time will tell what the local prosecuting attorneys think of the facts.

Unfortunately for Gwinnett County drivers, Gwinnett officers tend to make assumptions about drivers as well. Nervous and tired drivers often perform poorly on field sobriety evaluations and are accused of being DUI. All Gwinnett County DUI cases can be fought and you are entitled to a trial by jury. Many times, regular people who sit on the jury are more sensitive to how you feel when you get pulled over by law enforcement late at night than do Gwinnett Co. prosecuting attorneys and judges.

If you want thebest results on your Gwinnett Co. DUI case, call our Gwinnett DUI lawyers today. Whether this is your first DUI arrest in your life or if it is a second or repeat Gwinnett DUI, our Gwinnett County DUI attorneys can help.

First DUI - Gwinnett County

Richard Lawson — Sun, 25 Mar 2012 16:26:00 GMT

DUI enforcement in Gwinnett County GA is rampant. DUI officers from the Gwinnett Co. Sheriff's office, as well as DUI detection officers from cities such as Duluth and Suwanee, are out on the prowl nightly making arrests for DUI. But what if you have a good job, clean history, and children and you are charged with a DUI? Does even a first DUI in Gwinnett County have to go on your history? Can't you just get the benefit of the doubt? Unfortunately for drivers charged with DUI, Gwinnett County prosecuting attorneys are very strict on DUI - even first time DUI. Jail time and license suspensions are pretty typical for first time DUI offenders in Gwinnett. That is why a lawyer can help. Our Gwinnett County DUI attorneys can advise you of your rights, deal with the prosecutors on your behalf, and fight your first time DUI charges. Our Gwinnett DUI defense office is open 24/7 to serve your needs. A first DUI can be stressful, let us help you through the process and ensure you the best possible results.

Orson Charles Arrested for Drunk Driving

Richard Lawson — Sun, 11 Mar 2012 23:32:00 GMT

No one is immune to a DUI arrest. Early Friday, former UGA tight end Orson Charles was arrested for driving under the influence of alcohol ( DUI ). This arrest risks damaging his stock for next month's NFL draft in which he is considered the #2 tight end prospect and ranked as the 38th best prospect overall. Charles left UGA following his junior year after he had 45 catches for 574 yeards and 5 touchdowns that season. He completed his college career with 10 touchdown catches which makes him tied with Georgia's all time record for touch downs by a tight end.

According to DUI reports, Charles had his vehicle stopped in the roadway on Milledge Ave. in Athens. When an officer was responding to the car to see if it was disabled, Charles allegedly began driving. This initiated the officer to stop him and a DUI investigation began. According to the DUI police report, Charles submitted to a breath test and it was over legal limit for Georgia at a .095. Charles was taken to the Athens jail and released on bond.

Georgia prosecuting attorneys are tough on DUI and drug and alcohol crimes. Jail time, probation, fines, fees, courses, random drug screens, and license suspensions are just some of the sanctions for even a first time DUI. Gwinnett County judges and prosecutors are particularly stringent when it comes to enforcement of DUI laws. But an arrest does not mean a conviction. Our Gwinnett DUI lawyers help clients get the best possible results on their cases all the time. We have have experience in Gwinnett County State and Superior Courts as well as the Gwinnett Recorders Court where many first time DUI cases are initially handled. We also regularly help clients with DUI cases in Gwinnett's municipal court including the cities of Lawrenceville, Norcross, Duluth and Suwanee. Call our Gwinnett DUI lawyers today to discuss your case.

State Rep Arrested for DUI

Richard Lawson — Mon, 16 Jan 2012 02:08:00 GMT

Kip Smith, a Republican State Rep from, Columbus, GA, was arrested over the weekend for DUI in Buckhead. Smith, age 29, was pulled over for running a red light by a DUI officer. The officer noticed signs of drinking in his report and Smith initially denied drinking. However, Representative Smith, later admitted to having consumed beer prior to driving. The DUI officer asked Smith to participate in field sobriety tests and Smith complied. According to reports, Smith tested positive for alcohol on the hand held preliminary breath test. He also participated in the eye test ( the horizontal gaze nystagmus), the walk and turn test, and the one leg stand. Following these tests, Smith was arrested for DUI. At the jail, he took the state administered breath test and was found to be over the legal limit to drive in Georiga.

This just goes to show that all types of people are arrested for DU in Georgia and no one is is immune. Rep. Smith informed the DUI officer that he was a state rep, but that does not mean much to an officer who is trained to not take those types of thing into consideration. Students, pilots, truck drivers, doctors, nurses, and lawyers all face DUI charges in Gwinnett County and throughout the state of Georgia. Gwinnett County prosecuting attorneys and judges are tough on DUI offenders and don't just let someone off the hook for being politically connected.

If you are facing a DUI charge, call Gwinnett DUI lawyer Richard Lawson and his team of assocaite attorneys to help you get the best possible results.

DUI on an ATV

Richard Lawson — Mon, 09 Jan 2012 03:22:00 GMT

In late December, former middleweight boxing champion Kelly Pavlik was arrested for DUI near his home in OH for DUI while driving an ATV. Pavlik was busted for DUI when his neighbor called the police reporting that a lamp post on his property had been struck by a man driving an ATV and that the driver was Pavlik. The responding DUI officer felt that Pavlik was acting aggressively and seemed very intoxicated. He was allegedly slurring his speech and using profanity. Pavlik, according to reports, failed field sobriety tests and then refused a breath test.

Pavlik defeated boxer Jermain Taylor in 2007 to become middle weight champion. He lost his title to Sergio Martinez in 2010. He has been known to struggle with alcohol and has been to treatment for his drinking in the past.

Had these events occured in Gwinnett County, Pavlik would be facing a license suspension for one year with no temporary permits available for refusing the state administered breath test. Under Georgia law, a driver of any vehicle only has 10 business days from the date of their DUI arrest to appeal the automatic suspension of their GA drivers license. If you are facing a DUI, call Gwinnett County DUI lawyer Richard Lawson to help keep you driving.

Christmas and New Years - DUI time?

Richard Lawson — Tue, 27 Dec 2011 04:46:00 GMT

This evening ( the day after Christmas ), I was driving with my family down Peachtree Industrial Blvd. in Gwinnett County and I saw not fewer than 4 law enforcement patrol cars in the few miles between Suwanee and Duluth. It seems that Gwinnett County police officers, along with their fellow City of Suwanee and City of Duluth officers, are out on the hunt for those driving under the influence of alcohol, illegal drugs, prescription drugs and over the counter medications. DUI arrests are high this time of year which is ironically the time of year when fewest people can afford the stigma and expense of a DUI arrest.

Gwinnett County cops cannot just pull over cars and accuse the driver of DUI. There needs to be an underlying basis for the stop. Unfortunately, any offense will do--- usually it is the offense of weaving or failing to maintain a lane or speeding. Sometimes it is a wrong way turn or stop light or sign violation. Other times it can be truly head scratching - things like being stopped for having windows that are tinted too dark - when it is the night time and there is really no way that an officer can tell that the windows are of the wrong tint grade. No seatbelt and tag light violations are other minor offense that make you wonder how the officer noticed these infractions. Once the officer has you stopped, if he smells any alcohol, he will probably begin a DUI line of questioning. He looks for things like slurred speech or red and/or watery eyes. A Gwinnett officer may then ask you to take some field sobriety tests. Many Gwinnett County DUI task force officers, as well as Suwanee and Duluth officers are trained in giving the standardized field sobriety tests which consist of an eye test, a walk the line and turn test, and a stand on one foot test. At the end, many of those stopped find themselves in handcuffs and on the way to a Gwinnett County jail.

DUI cases can be contested. Call Gwinnett County DUI attorney Lawson today if you are facing a Gwinnett DUI arrest or an arrest in a Gwinnett County municipality such as Suwanee or Duluth. Most cases begin in a traffic court but all can be contested with a jury trial on the DUI in the State Court of Gwinnett County. Mr. Lawson can help you get the best results. Call him today to discuss your case.

Gwinnett Police Officer Charged with DUI

Richard Lawson — Sun, 11 Dec 2011 21:54:00 GMT

On Thursday a Gwinnett County police officer was charged with driving under the influence ( DUI ). A Georgia State Trooper arrested Gwinnett Officer Douglas Mattox following a motor ehcile accident in Loganville. Mattox, age 50, was arrestd for DUI and following too closely. Mattox was driving a vehicle owned by Gwinnett County and the time of the accident and arrest. According to reports, he is accused of rear ending another vehicle which, in turn, rear ended a vehicle ahead of it. The State Trooper who responded to the scene suspected that Officer Mattox was driving under the influence of prescription drugs according to reports. The Trooper elected to have the Officer submit to a blood test. Officer Mattox consented to the state administered chemical test and the blood test results are pending from the crime lab. Officer Mattox resigned from the Gwinnett County police force on Friday.

While Gwinnett DUI arrests based on alcohol or illegal drugs like marijuana are common, more and more DUI arrests are for when people are driving under the influence of their legally prescribed medications. This is scary as so many people take regular medications. These cases are winnable. If you need help with a DUI case or related issue, call Gwinnett County DUI lawyer Richard Lawson to discuss how to get the best outcome for your DUI case.

DUI breath tests......just how accurate are they???

Richard Lawson — Wed, 07 Dec 2011 00:23:00 GMT

Gwinnett county law enforcement officers, especially those on the DUI task forces for the county as well as Gwinnett cities like Duluth and Snellville, make thousands of DUI arrests each year. While there are manyDUI - drugs (for both driving under the influence of marijuana and for driving under the influence of drugs like Ambien or Xanax), the majority of DUI cases involved alcohol. Nearly all Gwinnett,Snellville, and Duluth DUI officers will ask a driver suspected of a DUI - alcohol case to submit to what they call the state administered breath test. This DUI breath testing is done on a machine commonly referred to as a breathalyzer, but is actually called the Intoxilyzer 5000. The suspected Gwinnett DUI driver gives two breath samples and gets a printout from the machine. The lower of the two samples can be used against them in court. But how accurate is this test so blindly relied upon by Gwinnett prosecutors? It is really impossible to say. Stangely enough, little is known about the workings of this machine because the State of Georgia is very secretive in revealing the programming or source code that the machines utilizes to work. In addition, these machines are old.....very old..... and use technology from over 20 years ago! In some states, the results of these tests have been thrown out . Courts have found that the results are just too inaccurate to use against someone in a DUI case where so much is at stake. Using these results as per se evidence that someone is DUI is not fair. Gwinnett DUI attorney Richard Lawson has won cases (and gotten many cases reduced to reckless driving) where a driver accused of DUI had a breath test result of over .08. He has even won or reduced cases where people are over twice the legal limit. These tests are not perfect...they are far from being accurate. Call the Lawrenceville, GA DUI law office of attorney Richard Lawson for a consultation on how to get the best results for your Gwinnett DUI case.

Underage and Juvenile Offenders in Gwinnett County GA

Richard Lawson — Sun, 09 Oct 2011 23:14:00 GMT

DUI officers in Gwinnett County arrest a lot of drivers. Gwinnett law enforcement officers also charge a lot of young people with drug and alcohol related offenses, particularly popular are Minor in the Possession of Alcohol charges - commonly referred to as MIP - as well as underage consumption of alcohol. Simple possession of less than one ounce of marijuana is a frequent charge made by Gwinnett County police officers as well. If the arrested person is under the age of 17, they are a juvenile, and will be prosecuted for these crimes in the juvenile court of Gwinnett County. Juvenile Court can be great - it will keep a conviction off the record - but for traffic related offenses like juvenile DUI - the conviction may still show up on a drivers history. In addition, juvenile detention time, probation, fines, classes, and treatment may also be required. For those 17 and older (but under the age of 21), you will be in the regular adult court system of Gwinnett County, but will face tough punishments for being under age and a conviction will mean that the MIP or DUI will be on your history forever.

Often, young offenders have the most to lose by having a DUI or MIP conviction. If you or your child are facing an underage DUI or a MIP / underage consumption charge, call our Gwinnett County DUI lawyers today to discuss your case and your options. Our lawyers help clients get the best possible results on their alcohol and drug related charges in Gwinnett County and know the special circumstances and requirements that young offenders face. Call our Gwinnett DUI and Gwinnett MIP lawyers today.

DUI Arrest for Troubled O'Neal Family

Richard Lawson — Sun, 09 Oct 2011 22:39:00 GMT

Last week Griffin O'Neal entered a "not guilty" plea to charges of driving under the influence and possession of drugs in a California court. Griffin, age 46, is the brother of troubled actress Tatum O'Neal. In August 2011, Griffin allegedly veered head on into an opposite lane and struck a vehicle, seriously injuring the driver. On the same day, Griffin's half brother, Redmond O'Neal, was arrested for heroin possession charges. Redmond was not in the car with Griffin. What responding DUI investigators did find in Grffin's car was crack and loaded weapons. Griffin is charges with possession of crack cocaine as well as possession of firearms charges. He was charged with DUI drugs and a blood test was obtained. According to the DUI prosecuting attorney in San Diego, the blood test taken of Griffin that night revealed that he had amphetemines, cocaine, marijuana, and Xanax in his system.

Griffin, Tatum and Redmond are the children of actor Ryan O'Neal. Griffin and Tatum's mother is the actress Joanna Moore and Redmond's mother is the late Charlie's Angels actress Farrah Fawcett who was involved in a long term relationship with Ryan until her death. As documented in Tatum's biography "A Paper Life," the O'Neal's have struggeld with substance abuse issues for years.

Had this incident happened in Gwinnett County Georgia, Griffin would be facing very serious charges. More and more Gwinnett County DUI officers are arresting people for DUI - drugs. If a Gwinnett DUI officer suspects that you have been driving under the influence of a controlled substance, even if there is no alcohol on your breath, he or she will likely order a state administered blood test. You have the right to reject this test, but that will almost automatically result in a suspendion of your drivers license if you don't contact a lawyer promptly. Drugs do not have the same close link with driving that alcohol does. If you are facing Gwinnett DUI charges, contact a skilled Gwinnett County DUI lawyer right away. Attorney Lawson has a Gwinnett County DUI practice located in Lawrenceville and frequently gets his clients great results in Gwinnett County courts on their DUI cases. Call him today for a free consultation.

Former Red Sox Player Charged with DUI

Richard Lawson — Tue, 27 Sep 2011 02:26:00 GMT

Recently, 44 year old former Red Sox pitcher Curtis Leskanic was charged with DUI in Florida. DUI law enforcement officers found the former baseball player asleep behind the wheel of his truck. His young daughter was in the vehicle. According to reports, Leskanic's blood alcohol content was over four times the legal limit for drivers over age 21 of .08.

This is an interesting set of facts. In Gwinnett County, a DUI charge that has a minor child in the vehicle is charged as a second DUI offense as a count of DUI - child endangerment. Each additional child counts as a an additional DUI charge and can quickly lead to felony DUI treatment in the Gwinnett County Superior Court.

What is also noteworthy about these facts is the fact that the truck was parked and the alleged DUI driver asleep. One of the elements of a Gwinnett DUI charge is, well, driving. And if the vehicle is not on and the driver not actually a driver, the evidence is only circumstantial that he was driving under the influence. It is not illegal to drink alcohol in Georgia if you are over 21. It is not illegal to drink and drive. It is only illegal to be drunk and drive. If someone has consumed alcohol in their car, but has not driven, they are possible guilty of public drunk or open container laws, but they are not DUI.

If you are facing a DUI in Gwinnett County Georgia, call the best DUI lawyer - Gwinnett for a free case evaluation. DUI attorney Richard S. Lawson has fought and won thousands of cases and can help you get the best possible results on your Gwinnett DUI case.