Balbo & Gregg, Attorneys at Law, P.C.Richmond Hill Law Blog | Balbo & Gregg, Attorneys at Law, PC2024-03-25T22:09:58Zhttps://www.balbogreggblog.com/feed/atom/WordPress bkabritsorhttps://www.balbogreggblog.com/?p=471112024-02-27T22:19:55Z2024-02-28T22:19:23ZProbable cause for a search
Police officers generally need probable cause to search your car during a traffic stop. Probable cause means they have a reasonable belief that a crime occurred or that your car has evidence of a crime.
Traffic violations alone usually do not result in probable cause for a search. However, something “suspicious” during the stop may constitute sufficient grounds. Examples could include the smell of drugs or the sight of drugs on the dashboard. The plain view doctrine allows a search to take place.
Consent to search
Suppose an officer asks for permission to search your vehicle and you agree. Officers can proceed with the search even without probable cause.
You have the right to refuse consent to a search. If you do not consent and the officer conducts a search anyway without probable cause, any evidence from the search may be inadmissible in court.
Search incident to arrest
If the police arrest you during a traffic stop, they might search your car at the time. This type of search is allowable to ensure officer safety and to prevent the destruction of evidence. However, the scope of the search has limits. The search should occur only in areas within your immediate reach where weapons or evidence could be.
Police generally need probable cause or your consent to search your car during a traffic stop. Knowing when police can legally search your vehicle is important.]]> bkabritsorhttps://www.balbogreggblog.com/?p=471092024-01-02T21:33:19Z2024-01-02T21:33:19ZSPD's commitment to road safety
Savannah's law enforcement agencies are gearing up to enhance road safety. DUI incidents are a central focus of these newly reinvigorated efforts. Receiving the HEAT grant underscores the city's commitment to curbing dangerous driving behaviors. The goal is ultimately to reduce the prevalence of DUI cases on local roads.
Grant allocation for DUI enforcement
The HEAT grant provides financial support for high-visibility enforcement activities. With a focus on DUI enforcement and aggressive driving on highways, the grant aims to increase police presence. This will likely result in deterring potential offenders and educating the public about impaired driving.
Heightened awareness of traffic laws
The initiative also emphasizes raising public awareness about traffic laws. By fostering a better understanding of the consequences associated with DUIs, the SPD aims to promote responsible driving habits within the community.
Savannah is certainly witnessing a proactive approach to DUI enforcement with the recent allocation of the HEAT grant to the SPD. The city is striving to create a safer driving environment through increased police presence, public awareness and community involvement. Residents can anticipate positive changes in road safety and a reduction in DUI incidents on Savannah's streets.]]> bkabritsorhttps://www.balbogreggblog.com/?p=471072023-10-27T19:14:00Z2023-10-27T19:14:00ZMicro-naps
One of the less noticeable signs of drowsy driving is the occurrence of micro-naps. These are brief episodes of sleep that last only a few seconds and are so short that the driver may not even be aware of them.
If you notice someone repeatedly blinking for extended periods, seemingly missing short moments of awareness, it could be an alarming sign of drowsiness.
Inconsistent speed and drifting
A drowsy driver often struggles to maintain a consistent speed. You might observe them gradually slowing down and then suddenly speeding up without any apparent reason.
Drifting within their lane or straddling the lane markings is a telltale sign. This lack of lane discipline is a subtle but dangerous clue that the driver is battling drowsiness.
Erratic braking and delayed reaction time
A tired driver might exhibit erratic braking patterns, either slamming on the brakes unexpectedly or applying them too lightly. Furthermore, their reaction time may be noticeably delayed. If you witness a vehicle taking longer than usual to respond to traffic signals or sudden obstacles, it could signify that the driver is struggling to stay alert.
Frequent yawning and restless behavior
Yawning might seem like a common occurrence, but when it becomes frequent while driving, it is a potential red flag for drowsiness. Look for signs of restlessness, such as fidgeting or repeatedly adjusting the position in the seat. These behaviors suggest an internal battle against fatigue that can compromise the driver's attentiveness.
Approximately 633 Americans died in 2020 due to drowsy driving alone. In the intricate dance of daily traffic, safety is everyone's first concern. Creating a culture of responsibility on the roads is a way to prevent the dire consequences of driving while drowsy.]]> bkabritsorhttps://www.balbogreggblog.com/?p=471052023-08-31T19:48:23Z2023-08-31T19:48:23ZLeading causes of injury and hospitalizations
The Georgia Department of Public Health reports that motor vehicle crashes were the second leading cause of injury deaths and the second leading cause of hospitalizations and emergency room visits throughout Georgia in 2020. This highlights the severity of the issue and the toll that auto accidents take on the healthcare system.
Georgia's traffic fatality ranking
Other statistics from the same year are equally sobering. A staggering 1,664 traffic fatalities took place in Georgia during 2020 alone. This positions the state with the fourth-highest number of traffic-related deaths in the entire nation.
Factors contributing to the issue
Several factors likely contribute to the prevalence of auto accidents in Georgia. These include distracted driving, impaired driving, speeding and inadequate adherence to traffic rules. As the statistics show, the consequences of these behaviors are severe and far-reaching.
The auto accident statistics from 2020 in Georgia send a clear message. There is an urgent need to prioritize road safety. Through collaborative efforts that involve education, law enforcement and policy changes, Georgia can strive to reduce the impact of auto accidents, making its roads safer for all.]]> bkabritsorhttps://www.balbogreggblog.com/?p=471022023-07-01T04:49:59Z2023-07-01T04:49:59ZGeorgia's point system
Different traffic offenses range in how many points they add to a license. For instance, moderate speeding at a rate of 15-19 miles per hour over the limit is worth two points. Reckless driving can result in four additional points on a license. A maximum point value of six corresponds to more serious offenses like aggressive driving and passing a school bus illegally. Increased points on a driver's license can result in higher insurance premiums. Furthermore, a driver who receives 15 or more points within a period of 24 months faces an automatic driver's license suspension.
Reducing points on a license
Fortunately, Georgia provides a pathway for drivers to reduce the total number of points from their driver's licenses. Once every five years, a driver can remove seven points by requesting a points reduction and taking a driver improvement course. By enrolling in a course, drivers can review traffic laws, master defensive driving techniques and learn to manage distractions on the road. Successful completion of a driver improvement program can encourage safer driving and enable drivers to avoid license suspension and issues obtaining affordable insurance.
The point system in Georgia aims to prevent traffic incidents and create consequences for driving offenses. However, accumulating points can cause hardships for drivers, especially those who face license suspensions. Thus, it is possible for Georgia drivers to improve their road safety skills and remove up to seven license points every five years.]]> bkabritsorhttps://www.balbogreggblog.com/?p=470982023-05-31T14:08:35Z2023-05-03T18:44:37Z1. The move-over law
If you see an emergency vehicle with its lights flashing parked on the side of the road or shoulder of a highway, this requires that you move over one lane of traffic. If there are cars in the way or other conditions that make it unsafe to move over one lane, drivers must travel below the posted speed limit. Failing to move over could result in a $500 fine.
2. The slowpoke law
A 2014 Georgia makes it a driver’s legal obligation to move the middle or right lane when driving in the left lane and a fast-moving car approaches. Despite going the speed limit, your obligation is to move over and allow the rear driver to pass you. If you do not move over, you could face up to $1,000 in fines and three points on your license.
3. The hands-free law
Although most drivers are aware of the requirement to be hands-free when operating a cell phone while driving, Georgia law prohibits the phone from touching any part of your body. House Bill 673 makes watching a video while driving illegal or touching the screen to shuffle your playlist.
Serious traffic violations can lead to a suspended license or jail time. Though these are not serious infractions, you can face a penalty if caught breaking one of these laws.]]> bkabritsorhttps://www.balbogreggblog.com/?p=470962023-03-10T19:45:44Z2023-03-10T19:45:44ZLean on uninsured motorist coverage
All individuals who own or lease a vehicle must have a minimum amount of auto insurance according to the state of Georgia law. To help protect you against those who are in violation of this law, you have the option to add uninsured motorist coverage to your own auto insurance policy. If you have this coverage in place, you can receive the settlement you deserve after an accident while the uninsured driver will likely face criminal charges.
Seek legal action against the at-fault driver
Another option for seeking compensation from an at-fault driver is to pursue legal action against them. It is illegal to drive a vehicle without adequate insurance, so it is likely that you will have a strong case against the other party. Keep in mind, however, that a driver who cannot afford auto insurance also might not have the finances to immediately pay out a court-ordered compensation amount.
The ideal scenario after an accident with an uninsured driver is to tap into your uninsured motorist coverage. If you do not have this coverage, it may take considerably longer to receive your due compensation from the at-fault party.]]> bkabritsorhttps://www.balbogreggblog.com/?p=470942023-01-04T19:39:06Z2023-01-04T19:39:06Z1. Stay at the scene and call 911
If you are able, move your vehicle off the road for safety. Notify authorities of the accident and wait for first responders to arrive.
2. Gather information and file a police report
Take photos of vehicle damage and collect the other driver's information. When authorities arrive, file a police report with as much information as you can remember. If you can, consider asking witnesses to share their statements with the police to support your account of events.
3. Get medical attention
Whether you feel okay or not, it is a good idea to get a preliminary checkup from paramedics at the scene and follow up with your primary care physician. A seemingly insignificant pain could become a more serious issue later, so the medical records detailing your symptoms may come in handy.
4. File an insurance claim
Georgia is an at-fault auto insurance state, so you should file an insurance claim with the responsible driver's insurance. However, Georgia also follows a form of comparative negligence law, which means that you could have difficulty securing compensation if you share 50% or more responsibility in the accident. Be careful about the information you share with the insurance company, though. They are not on your side and do not want to pay.
Keep these steps in mind to help you handle whatever Georgia roads send your way.]]> bkabritsorhttps://www.balbogreggblog.com/?p=470912022-11-07T19:41:51Z2022-11-07T19:41:51Zvicious cycle of poverty.
Hidden costs of DUI
A fine is not the only expense associated with DUI. People convicted of DUI in Georgia must generally take part in a risk reduction course. This can cost hundreds of dollars, and missing a session can result in needing to repeat the course.
DUI charges can result in additional long-term costs by impacting the ability to work. Some offenders lose their jobs as a result of the initial arrest, while others struggle to get to work because they can not drive. First-time offenders may receive a driver's license suspension of up to one year. In some circumstances, it is possible to obtain a limited driving permit to continue driving to work. However, not everyone is eligible for a limited permit.
Additional fees and fines
Someone who is already struggling to pay the fines and fees associated with DUI may incur additional penalties by failing to pay on time. They may also incur fines and penalties for driving with a suspended license if they believe they have no choice or can not afford the reinstatement fee.
A DUI is a serious charge, and the penalties can disrupt anyone's life. However, those who begin with fewer resources are at increased risk of spiraling into debt while trying to manage the cost of a DUI conviction.]]> bkabritsorhttps://www.balbogreggblog.com/?p=469852022-08-30T15:28:23Z2022-08-30T15:28:23ZGeorgia Department of Driver Services, these courses include two parts: an assessment component and an intervention component. You must complete both to finish the course successfully and reinstate your license.
Two required parts of the course
The first part of the course is the NEEDS Assessment, which is a 130-question written test that assesses your knowledge of how drugs and alcohol affect your ability to drive safely. The second part is a 20-hour in-person group class. It takes place over the course of several days and includes formal lessons and group counseling. Online DUI risk reduction classes are not a substitute for these 20 hours.
Attendance, punctuality and costs
You must attend each class session, and you must arrive on time. The administrators on site can refuse your entry to the room if you are late. If this happens, you will have to pay the full cost of the course that you missed, re-enroll in a new course and pay for that one too. Each course costs $355. Anyone who is absent or leaves early may also have to pay the full cost and re-enroll. Once you sign the contract to attend your DUI course, you should make it a top priority to attend and stay for the whole time.
A trustworthy and experienced legal team can help you avoid a DUI conviction and guide you through putting up a successful defense.]]>