Law Offices of Shawn P. Hammonds & AssociatesAugusta Family Law Attorney | Thomson Criminal Defense Lawyer | Evans Personal Injury Lawyer2024-03-13T21:31:12Zhttps://www.hammondlaw.org/feed/atom/WordPress/wp-content/uploads/sites/1402591/2022/03/cropped-SPH-site-icon-32x32.pngOn Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558262024-03-13T21:31:12Z2024-03-11T21:30:03Zcharged with a DUI for operating a vehicle while impaired by prescription medication, even if it is your own prescribed medication.
Legal implications of prescription medication DUI
In Georgia, the law is clear. If your ability to drive is impaired by any substance, including prescription drugs, you may face DUI charges. This holds true even if the medication was legally prescribed to you by a healthcare provider. The key factor is impairment, not the legality of the substance consumed.
Factors considered in prescription medication DUI
Law enforcement officers consider various factors when determining impairment, such as observed driving behavior, physical appearance and performance on field sobriety tests. If these indicators suggest impairment, you may be charged with a DUI.
Consequences of a prescription medication DUI
The consequences of a DUI conviction involving prescription medication are similar to those for alcohol-related DUIs.
If you are convicted, you could lose your driver’s license, face fines, be forced to go through drug education or treatment programs, be sentenced to probation and even jail time.
Consulting healthcare professionals
It is essential to consult with healthcare professionals regarding the use of prescription medication if you plan to drive. Discuss potential side effects and interactions with other substances, including their impact on driving ability.
Understanding the nuances of DUI laws related to prescription medication is vital for Georgia residents. If you find yourself facing such charges, exploring your legal options promptly is imperative.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558242024-02-23T13:28:07Z2024-02-23T13:28:07ZState law on prescription drug-induced impairment
According to Georgia law, driving while under the influence of any drug – to the extent that it’s less safe for the person to drive – is illegal. The definition is broad enough that it can apply to both illegal drugs and prescription medications for as long as they have an effect that can negatively impact a person’s ability to drive.
Medications such as painkillers, anti-anxiety drugs, sleep aids, and even some over-the-counter medicines can affect your driving ability.
Communicate with your doctor
Have an open dialogue with your healthcare provider about the side effects of your prescriptions. If you're unsure about the impact a medication might have on your driving, ask your doctor for advice. They can advise you on whether it's safe to drive or if you should find alternative transportation.
Legal consequences
If you're pulled over and an officer suspects you're impaired due to prescription medication, you may be subjected to field sobriety tests or asked to submit to a blood test. Refusing the blood test can lead to an automatic license suspension under Georgia's implied consent law.
A DUI conviction can result in fines, jail time, license suspension, and other penalties.
Staying informed about how prescription medications affect your driving is key to avoiding DUI charges in Georgia. Always follow your doctor's advice and the instructions on your medication labels to ensure you're driving safely and legally.
However, if you face charges for driving while impaired by a prescription medication, don’t underestimate what a conviction would lead to. A legal professional may be able to provide you with guidance on your case and protect your rights in court.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558222024-02-08T14:59:39Z2024-02-08T14:59:39Zessential steps you can take before your child custody hearing.
Know your rights and responsibilities
While preparing for your child custody hearing, you must familiarize yourself with your rights and obligations as a parent. Look into the relevant laws and statutes governing child custody in your area and any court orders or agreements already in place.
Understanding your rights, responsibilities and the local laws will enable you to make informed decisions and help you advocate for your interests effectively in court.
Seek legal representation
Consider hiring an experienced family law attorney to represent you during the hearing. A lawyer can provide you with the support you need throughout the legal process and ensure your rights are protected.
Gather evidence
Evidence is the most crucial element of your case. You must compile all relevant documents to boost your claims during the custody hearing. This includes financial records, employment documents, medical reports, criminal records, or other documentation related to your co-parenting relationship.
You may also present witnesses to back up your claims with any firsthand knowledge they have about the other parent's relationship with the child.
Create a parenting plan
A comprehensive parenting plan is one of the most important things you must prepare before a court hearing. In this document, you may elaborate on your willingness to facilitate a healthy and supportive co-parenting relationship with your ex-partner. This plan should prioritize the best interests of your child.
Prepare mentally and emotionally
Child custody hearings can be emotionally taxing, not just for the child but also for the parents involved. That is why it is vital that you prepare yourself for the experience. Lean on friends and family for emotional support during this challenging time.
Your behavior during the court hearing could affect the judge's verdict, so you must remain calm and collected during the ordeal.
The legal battle for a child's custody requires careful planning, organization, and determination. At the end of the day, the goal is to secure the best possible outcome for your child. With enough preparation and support, you can uphold your child's safety and best interests.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558202024-02-06T02:19:15Z2024-02-06T02:19:15Zdivorce from a narcissist.
Prepare for manipulation and control tactics
Narcissists are known for using manipulation and control tactics to maintain power over situations and people. This could manifest as gaslighting, spreading misinformation or using emotional blackmail to influence decisions and outcomes. Anticipate these tactics by documenting interactions and communications, focusing on facts rather than emotions. Establishing clear boundaries and communicating through legal representation is crucial. Reducing direct contact might be necessary.
Focus on documentation and evidence
Narcissists may deny past agreements or conversations, distort facts, and create a narrative to support their position. It's essential to document everything meticulously, including financial records, communications and incidents of manipulative or abusive behavior. Documentation can serve as valuable evidence in court, helping to counteract attempts to manipulate the proceedings. Keep detailed records and secure copies of all relevant documents to support your case.
Prioritize your well-being and support network
Dealing with a narcissist can be emotionally draining and psychologically damaging. Prioritize your mental and emotional well-being by seeking support from friends, family or a therapist who understands the dynamics of narcissistic behavior. Establishing a strong support network can provide the emotional resilience to navigate the divorce process. It's also important to practice self-care, ensuring that you're taking care of your health and well-being amidst the stress of the divorce.
Anticipate challenges related to co-parenting
If children are involved, co-parenting with a narcissistic ex-spouse can present ongoing challenges. Narcissists may use children as pawns in their efforts to exert control or retaliate. Developing a structured parenting plan that minimizes direct conflict and sets clear boundaries is essential. In some cases, involving a parenting coordinator or seeking legal stipulations to manage communication and decision-making can be helpful.
Seeking legal assistance from a representative who’s familiar with narcissistic behavior is beneficial. They can help you to develop a strategy to protect your rights as you move forward. You don’t have to do this alone.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558182024-01-29T10:23:19Z2024-01-29T10:23:19ZThe point system
Georgia uses a point system to identify drivers who habitually commit traffic violations. Each violation has a corresponding point value, such as six points for driving 34 mph over the speed limit or three points for disobeying a traffic control device or officer.
Other notable traffic offenses and the point values they carry include:
Unlawful passing of a school bus: Six points
Exceeding the speed limit by 24-34 mph: Four points
Possessing an open container of alcohol while driving: Two points
These points are assessed toward a driver’s license, and if they collect 15 or more points within 24 months, the state Department of Driver Services suspends the license.
Immediate license suspensions
However, certain serious offenses, such as driving under the influence (DUI) or reckless driving, can lead to an immediate license suspension, even for a first offense. For drivers under 21, any offense that carries at least four assessment points – such as reckless driving or improper passing on a hill or curve – can also lead to a license suspension on the spot.
A traffic offense charge can be devastating, especially for teen drivers. On top of license point assessments, the offense will appear on the young driver’s record, impacting their education and employment opportunities. The more serious traffic offenses, such as DUI, are also criminal offenses that can lead to fines and imprisonment.
If you’re a young driver facing charges for a traffic violation, or you’re the parent of one, consider seeking legal counsel. Don’t underestimate the impact of a traffic violation.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558162024-01-18T09:44:32Z2024-01-18T09:44:32ZThe impact of irreconcilable differences on custody arrangements
As parents, you may have differing visions for your child’s future, but the court will always prioritize what benefits the child most. Custody encompasses both legal and physical aspects. The presumption is that both parents should remain active in their child’s life. Therefore, the default arrangement in Georgia is typically joint legal and physical custody. Irreconcilable differences can affect the dynamics of shared child custody in the following ways:
Communication breakdown: When parents are unable to communicate effectively, co-parenting can become challenging.
Disparate parenting styles: Differing beliefs on raising children can lead to conflict over custody and visitation arrangements.
Relocation considerations: If one parent wishes to move away due to the divorce, this can complicate custody agreements.
If you cannot agree on the terms of child custody, the court will decide for you. The court will use specific factors to assess the optimal type of arrangement for your child, but it does not know your child as well as you do. You are the child’s parents, so only you would know what is best for your child. Disputes will continue even with a feasible and court-approved parenting plan as long as you cannot set aside your differences.
Irreconcilable differences can affect your parental rights
Courts may consider your inability to cooperate when determining custody arrangements. Conflict can lead to limited or supervised visitation and disagreements may result in one parent being granted sole legal custody. Either one of you could lose parental rights to your child. But it does not have to be that way. Remember, the goal is to create a stable, nurturing environment for your child, regardless of the differences between you and your ex-partner.
Irreconcilable differences need not define the future of your child’s upbringing. With a clear understanding of Georgia’s child custody laws and a commitment to work together, you can navigate these challenges and reach a resolution that supports your child’s growth and happiness.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558142024-01-08T10:56:04Z2024-01-08T10:56:04ZLower BAC limits
For most drivers, the legal blood alcohol content (BAC) limit is .08%. If a driver hits or exceeds this level in a roadside test or similar other testing following a traffic stop, an officer can charge the driver with DUI.
However, the legal limit for CDL holders is even lower, at .04%. It’s said that it takes about two alcoholic drinks to hit .04% BAC, and at that level, drivers’ reaction times are already slowed, even if they don’t feel intoxicated yet.
Increased penalties and consequences
Generally speaking, a CDL holder convicted of DUI will face the same penalties as convicted regular drivers. But in addition, CDL holders also face license disqualification for the offense:
First DUI offense penalties: A conviction leads to up to $1,000 in fines and up to 12 months of imprisonment. A court may also order the driver to perform community service and attend a DUI Alcohol or Drug Use Risk Reduction Program. Officials will disqualify the CDL holder from operating a commercial vehicle for one year.
Second DUI offense (within 10 years) penalties: A conviction leads to up to $1,000 in fines and 12 months of imprisonment. The court may also order the diver to perform at least 30 days of community service and complete a substance risk reduction program. Officials will also disqualify the driver’s CDL for life.
Commercial drivers must recognize the higher expectations placed upon them and the implications of a DUI on their livelihood. If you’re a CDL holder and face DUI charges, know that a conviction brings you one step closer to an unceremonious career end. Consider consulting with a legal professional, who may be able to protect your rights and driving privileges in court.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558122023-12-20T11:18:50Z2023-12-20T11:18:50ZToxic vapor use prohibited
Under Georgia law, a person isn’t permitted to drive or physically control a motor vehicle while under the influence of any glue, aerosol or other toxic vapor, especially if their impairment makes it less safe for them to drive.
What sets this restriction apart from an alcohol DUI is that there are no specified limits to the amount of inhalants that would trigger a violation.
In an alcohol DUI, a driver’s blood or breath alcohol concentration must hit .08% for them to face DUI charges. But if a driver suffers impairment from an inhalant, officers don’t need to measure how much toxic vapors the person inhaled before they can charge them.
The penalties for inhalant DUI
If a court convicts a person for DUI related to inhalant use, they face the same penalties as those convicted for alcohol or controlled substance-related DUIs.
A first-offense DUI carries up to a year of jail time and $1,000 in fines. In addition, the driver’s license is suspended for up to a year, and they’ll have to pay a reinstatement fee of $210 afterward. A court may also order the driver to spend at least 40 hours of community service.
In conclusion, anything that can cause intoxication and impair a person's ability to drive can lead to a DUI – whether it’s alcohol, drugs both illicit and medical, or even inhalants. If you face charges, don’t underestimate the court procedure and what a conviction could lead to. Consider consulting a legal professional who can uphold your rights and prepare your defense in court.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558102023-12-15T16:34:40Z2023-12-15T16:34:40ZYes, the state allows drunk driving checkpoints
A federal Supreme Court ruling decades ago helped to establish the federal legality of DUI checkpoints. Since then, any efforts to regulate or prohibit checkpoints have occurred on a state-by-state basis. Georgia does permit police departments to use sobriety checkpoints as a way to identify and arrest multiple drunk drivers in a short amount of time.
Police departments have to comply with numerous regulations and paperwork requirements to conduct checkpoints legally. They also have to minimize the disruption for drivers who do not show signs of impairment and are therefore not subject to detention or arrest. Despite the challenges involved, many police departments regularly set up DUI checkpoints as a way to screen dozens of drivers in a short amount of time.
In fact, Georgia police departments have even tried to work around the rules that protect drivers from checkpoints. The law does not prohibit people from changing their route to avoid a checkpoint ahead. Georgia police departments have previously set up false checkpoints to encourage drivers to exit a highway. Those drivers didn't know there was another checkpoint hidden ahead of them.
It is possible for people arrested at a DUI checkpoint to defend against their pending charges. Issues ranging from breath test calibration failures to overzealous officers may affect the case the state has against a motorist. Seeking legal guidance to learn more about what laws apply to DUI arrests and prosecutions in Georgia may benefit those hoping to avoid a conviction.]]>On Behalf of Shawn P. Hammond and Associateshttps://www.hammondlaw.org/?p=2558042023-12-14T03:43:21Z2023-12-14T03:43:21ZHaving a spouse in the military presents unique challenges, which may be further complicated when stressors like a potential divorce arise. If you find yourself contemplating divorce while your partner is on active duty, it's essential to know the specific rules and regulations that apply, especially as a civilian married to someone in the military.
Filing for military divorce in Georgia
In Georgia, certain requirements determine your eligibility to file for divorce. For instance, if you meet Georgia residency requirements, you can file for divorce and initiate the proceedings. However, the situation changes when it involves military personnel. You might be unable to proceed with the divorce due to the Servicemembers Civil Relief Act (SCRA). This Act can delay the proceedings if your spouse is on active duty. Additionally, serving the divorce complaint can become more complex if your spouse is on deployment. In such situations, your spouse must consent to being served by the military, introducing another layer of complexity.
How the SCRA can affect your divorce
The SCRA is a federal law that aims to provide certain protections to individuals serving in the military. This law recognizes that active duty may prevent servicemembers from fully participating in legal proceedings, including divorce. Also, it allows for a "stay" or delay of these proceedings during active duty. If your spouse cannot respond to court proceedings due to service demands, they can request this stay, which can last up to 90 days or longer if granted by the court.
Active duty and divorce proceedings
It is possible for you to file a divorce complaint while your spouse is on active duty, but the SCRA's protective provisions may pause the proceedings. Understanding these regulations is crucial. Because the process of a military divorce can be confusing, you could consult with an attorney to determine how you can better approach a military divorce.]]>