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Student Legal Services Series 2: Alcohol Laws and Criminal Defense
Kim Stephens • August 18, 2016
Student Legal Services Series 2: Alcohol Laws and Local Ordinances
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens .
Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on state laws and local ordinances, particularly those pertaining to the consumption of alcohol . If you missed last week’s blog on DUI laws and what to do if you’re stopped, you can access it here .
Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.
Alcohol Laws and Local Ordinances:
- Athens has an open container ordinance, meaning it is illegal to consume alcoholic beverages outside in public spaces, even just outside of some bars and restaurants. The local police enforce the open container law year round, even on football game days on and off campus.
- Athens has a noise ordinance and excessive noise at any residence may result in police coming to your residence and attempting to question everyone who is there. If the police show up at your home because of a noise complaint, have someone who has not been drinking and/or is over 21 years of age meet the officers at the door and, above all else, be polite, cooperate and turn the noise down, i.e. lower the decibel level.
- Littering violates state law and local ordinances and makes the community an uglier place. Instead of dropping cans, bottles or other trash on the ground or throwing them out the car window, pick up any trash you see and put it in the closest recycle or trash bin. You will feel good about yourself and will avoid unnecessary attention from the police.
- If you drink alcohol and are under the age of twenty-one, you may be charged with Underage Possession of Alcohol, i.e. MIP , even if the police don’t perform any test to determine if you have been drinking. Local police departments in Athens changed their policy of arresting first time underage drinkers and branding them as criminals last year; but, police will arrest you and take you to jail if they can charge you with another crime, i.e. obstruction, public intoxication, possession of a fake ID, etc., at the same time. The penalties and sentences in MIP cases and these other types of misdemeanor cases can be unduly harsh and burdensome and can result in you having a criminal record. Please don’t trust your friend’s expert advice just because he or she already had an MIP in Athens or somewhere else. Every case is different. You should always consult with an attorney before you go to court.
- If you are stopped and/or cited for MIP , local police will likely ask for or search for fake ID s and, if they find one, they will arrest you and take you to jail. In some cases, Athens and UGA police officers have charged students with felony forgery charges instead of the more appropriate misdemeanor charge of possession of a false or fictitious ID . Possession of a fake ID , even as a misdemeanor charge, can result in serious sanctions including suspension of your driver’s license.
- If you urinate in public you are violating both state law and local ordinances. In addition to Public Urination , the police may also charge you with Public Indecency and will definitely check to see if you’ve been drinking. If you have consumed alcohol, they may then also charge you with an MIP and/or Public Drunkenness .
- If you are a UGA student, the Honor Code contains specific punishment for violations of the Code that involve alcohol or drugs. Second time violations involving alcohol, even a violation as minor as an RA seeing beer in a dorm room refrigerator, can and often does result in suspension from UGA for a full year.
IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE.
706.548.3933
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Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal.
The Supreme Court of Georgia has made an important decision regarding the State’s use of a person’s right to refuse a DUI breath test as evidence in that person’s DUI trial . Elliott v. State , originally a 2015 Georgia DUI case , made it before the Supreme Court of Georgia. In a unanimous opinion, the Court held that when a person refuses to submit to a chemical test of his or her breath, the fact that they refused testing cannot be used against the accused at trial. Prosecutors should no longer be able to comment on a person’s refusal or motive to refuse testing. Judges will no longer instruct juries that they should presume a person was under the influence of alcohol merely because he or she refused to take a state breath test. The Georgia Supreme Court has now officially recognized that a person has a constitutional right to refuse a DUI breath test .
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens and encourages students to learn about the state laws and ordinances in Athens to avoid criminal charges while studying here. The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and avoid being arrested and forever branded as a criminal. Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, academic dishonesty, or other violations of your school’s Honor Code, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. Students should be aware of the following state laws and local ordinances:
On July 1, 2018, Georgia’s distracted driver law takes effect. This new law prohibits drivers in the State of Georgia from using wireless communication devices including cell phones and tablets/Ipads in any manner other than through a hands free accessory, i.e. Bluetooth technology.
Our Athens attorneys showed their appreciation for local medical workers with breakfast this week. The offices at Prince and King are located right next door to Piedmont Hospital in Athens, and we see the hardworking doctors, nurses, technicians, and staff every day, as well as the employees of the many other medical offices located on Prince Avenue. To show our appreciation for the work they do, our attorneys and staff provided breakfast and coffee outside our office on Tuesday morning. Criminal defense attorney, Kim T. Stephens , personal injury attorney Blaine Norris , and divorce attorney Michael S. Brown enjoyed meeting our local medical professionals, sharing food, and yes, a few bad lawyer jokes. We are thankful to all those who serve in the medical profession and want to express our appreciation to them this week and every week.
Underage DUI: If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
10 Traffic Laws You Probably Didn’t Know Existed You can be pulled over for going the speed limit. No left-lane cruising! Georgia law requires drivers in the left lane on a highway, interstate or expressway to move over if a faster car approaches from behind. You have to move over one lane for garbage trucks. Under Georgia’s “Move-Over Law,” drivers must move over one lane for all types of emergency vehicles stopped on the side of the highway including police cars, HERO units, ambulances, fire trucks, and even garbage trucks. If heavy traffic will not allow you to move over, the law says you should slow down to 10 miles per hour below the speed limit. It’s illegal to use the center lane to merge into traffic. The center “turn lane” cannot be legally used for any purposes except to make a left turn… hence, the name: “turn lane.” Drivers must enter the center lane 300 feet or less from the location where they will turn left, per Georgia law. You cannot wear headphones in both ears while driving. If your car speakers are broken or you use headphones to talk on the phone, you’ll have to settle for one ear or the other. You can wear a headphone in one ear but not both. NO open alcoholic containers in the car, period. Neither the driver nor the passenger can have an open alcoholic beverage. NO part of your tag can be obstructed from view. Tag frames and tinted covering of tags that obstruct any portion of the tag are illegal in Georgia. Don’t get pulled over for something as silly as concealing your tag. You can get a DUI on a horse. Yes, a horse. Bicycles, utility carts, golf carts, tractors, lawnmowers, horses and other things that transport you are classified as vehicles for certain purposes in Georgia. Law enforcement officers in Georgia have arrested people for DUI while driving all of these items. It will be interesting to see if “hoverboards” and Segway type devices will be classified as vehicles for DUI purposes. If it is raining and you don’t have your headlights on, you are breaking the law. Georgia law requires car headlights to be turned on when it’s raining. Drivers must turn on headlights when driving in the rain. Having automatic lights that don’t turn on during a storm is not a defense; ensure that you manually turn them on each time it rains. If all the traffic lights go out at an intersection, the law requires drivers to treat it as a four-way stop. Please be aware of this requirement during this stormy time of year. Finally, and most importantly, IT IS ILLEGAL TO TEXT OR DO ANYTHING ELSE WITH A MOBILE PHONE WHILE DRIVING A VEHICLE OTHER THAN MAKING OR RECEIVING A CALL – EVEN IF THE CAR IS STOPPED. Understand this, a driver cannot use any wireless communications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, social media platform, or any other internet data unless legally parked off the roadway. PS- Watch out! In other states, such as California, it is illegal to answer or make phone calls with a handheld device… meaning you must use a Bluetooth or hands-free device only.
We are now settled in our new location at the corner of Prince and King. 1143 Prince Avenue has undergone extensive renovations, and has been lovingly restored to its former glory. We are just waiting for our sign to be completed– the one in the picture here is temporary.
Have you been arrested and charged with a crime? Nationally ranked defense attorney Kim T. Stephens explains the truth behind many myths and preconceptions people have about arrests.
