07.30.09

It’s not a good idea to show up to court drunk

Posted in Uncategorized at 3:53 pm by Kimbrell & Burgar, LLC

In our profession, once in a while we are put in a position where we have to assist a client who shows up to court intoxicated or otherwise under the influence of drugs they shouldn’t be taking. Don’t assume these situations are always the result of pure stupidity (although many are), as some defendants have serious alcohol and drug dependency issues that are exceedingly difficult to control in the stressful environment of criminal litigation. We do our best to help clients manage their condition, but at the end of the day there isn’t a judge in the state who will not punish anyone who shows up to court in that condition.

The important lesson from these situations for most folks to learn is quite simple: Don’t go out drinking with your friends if you have to be in court the next morning. Everyone will know where you were.

K&B, llc

Woman shows up for DUI hearing smelling of alcohol
By DOUG NURSE

The Atlanta Journal-Constitution

Tuesday, April 07, 2009

When showing up in court on a DUI charge, it’s best not to show up with alcohol on your breath.

Lauren Nicole Smith, 28, of Milton was ordered to Municipal Court Friday on a DUI charge. It seems that on Sept. 12, Milton police found her parked in the middle of the road at Ga. 9 and Bethany Bend Road, so drunk she couldn’t figure out how to open her car door. She had a blood-alcohol level of .34. The legal limit for driving is .08.

On Friday, her trouble started upon arrival at court. She showed up on time, 10 a.m., but during a routine check for weapons at the door, Bailiff George Gordon detected a whiff of alcohol, a definite no-no.

The law says you can’t take a plea from somebody who may be intoxicated. After a short conversation with Municipal Court Judge Barry Zimmerman, His Honor issued a bench warrant citing her on the spot for contempt of court. Milton police then took her to the Alpharetta city jail to serve a two-day sentence.

Her DUI case was continued to a court date in June.

07.16.09

How much is .08?

Posted in Uncategorized at 10:00 pm by Kimbrell & Burgar, LLC

We are often asked how many drinks it takes to get to .08 g/l alcohol. There are certainly many websites that suggest a person’s BAC can be calculated based on the variables of time, amount of drinks and body weight. The truth is that studies show that there are many more variables than these involved in the calculation. Liver function, dehydration, sex, age, type of beverage, rates of absorbtion peculiar to the individual, etc., are also very relevant factors. In our experience, we’ve seen a huge degree of variability in what it took to get an individual to or over .08 BAC at any given point in time.

What does this mean? Don’t assume that because a website told you that you could drink a certain amount of beers in a specific time that you will actually be below the limit. There’s just too much variability to allow yourself to even get close, and odds are that your calculation will be wrong. It’s simply not worth it.

K&B, llc