Former Dekalb County Prosecutor arrested for DUI refusal "Less Safe"

Attorney Jennifer Little, recently hired by the widow of Dunwoody day care shooting victim Rusty Sneiderman, was arrested early Thursday morning and charged with suspected DUI, speeding and reckless driving.

Little was traveling northbound on I-85 near Buford Highway around 12:30 a.m. when she was stopped by Atlanta police, who clocked her at 91 mph -- 36 mph over the speed limit.

The former DeKalb County prosecutor refused field and chemical sobriety tests, according to an APD spokesman, resulting in a charge of DUI Less Safe. That charge requires the arresting officer to testify he or she noticed unsafe driving patterns that would signal impairment due to alcohol or drug use.

APD spokesman Curtis Davenport said Little presented an expired DeKalb DA’s identification card at the time of stop, saying she had just left the office two months ago.

Little, 33, and law partner Doug Chalmers were hired by Andrea Sneiderman in mid-March during the trial of her former boss, Hemy Neuman, who was sentenced to life in prison for killing the Dunwoody woman's husband.

Sneiderman may soon face criminal charges herself. A DeKalb County grand jury has subpoenaed Channel 2 Action News for the entirety of her testimony given during the Neuman trial. DeKalb D.A. Robert James told the Atlanta Journal-Constitution he believes Sneiderman was involved in her husband's death.

Chalmers declined comment Thursday when reached by the AJC.

Little, former president of the DeKalb Bar Association, posted bond and was released early Thursday morning.

The arrest is not expected to affect her standing in the Georgia Bar Association. According to the bar's ethics counsel, Bill Smith, attorneys are typically not sanctioned for misdemeanor DUI charges.

http://www.ajc.com/news/atlanta/andrea-sneiderman-attorney-arrested-1414967.html

Braves Reliever arrested for DUI in Gwinnett County

Cristhian Martinez was arrested early Monday morning in Gwinnett County on charges of DUI, after allegedly weaving in and out of a lane and traveling at a low speed on I-85. Martinez was pulled over at 2:42 a.m. on I-85 North at Steve Reynolds Boulevard for failure to maintain a single lane by a Gwinnett County police officer who clocked Martinez traveling 40 mph. The officer smelled alcohol on Martinez’s breath, Smith said, and put him through a field sobriety test. Martinez’s blood alcohol registered .13 in a breathalyzer administered at the Gwinnett County jail, Smith said. The legal limit in Georgia is .08.


Martinez has secured a spot in the Braves bullpen this spring after going 0-0 with a 1.38 ERA in eight appearances, allowing two runs in 13 innings, with three walks, 13 strikeouts and a .159 opponents’ batting average.

http://blogs.ajc.com/atlanta-braves-blog/2012/04/02/braves-reliever-martinez-arrested-for-dui/

Student sues Clayton County School District over strip search looking for marijuana

D.H. was in the seventh grade when he was made to strip down naked in front of three other students because another student alleged he had marijuana.  School officials continued the search even after the other student admitted he had been lying.  D.H. claims he still suffers from emotional distress because his classmates taunted him by calling him Superman, the underwear he was wearing when he was strip-searched. The student is suing the Clayton County school district for unspecified punitive and compensatory damages. 

http://www.lsureveille.com/news/student-sues-ga-school-district-over-marijuana-strip-search-1.2701710

DUI dropped after Deputy falsified Documents

Roderick Tolberts'  DUI charge in Augusta Georgia from March 24, 2011 was dropped because Richmond County Sherrif's Deputy Erik Norman was caught altering the breath test results from prior DUI cases.  Norman resigned in October 2011. District Attorney Ashley Wright estimates that their office still has about a dozen of Norman's DUI cases pending.

http://chronicle.augusta.com/news/crime-courts/2012-02-10/dui-dropped-after-deputy-falsified-documents?v=1328876921

Georgia Governor Nathan Deal to appear on DUI commercial during Superbowl

Governor Nathan Deal will appear on a commercial during the Superbowl. The "60 - second ad urges Georgia motorists to get a ride home if they've had too much alcohol on Super Sunday.  Of course, there's an App for that.  It's call Drive Sober Georgia, and it lists phone numbers for programs that drive tipsy motorists home for free."

http://www.politifact.com/georgia/statements/2012/feb/03/nathan-deal/deal-dui-super-bowl-ad-cites-good-statistic/

http://www.gahighwaysafety.org/drivesobergeorgia/

DUI record could be erased under proposed Georgia Law

  Rep. Rusty Kidd from Milledgeville has proposed House Bill 799 which would erase a DUI conviction from a person's record after having a clean record for 5 years.  Current DUI law has 5 and 10 year lookback periods which increase penalties for repeat offenders.

http://www.ajc.com/news/georgia-government/dui-record-could-be-1316786.html

Will a Georgia DUI automatically suspend my driver's license?

  If you are arrested for DUI and you blow over the legal limit or refuse to provide a sample for the state blood, breath, or urine test your license will be suspended on the 31st day after your arrest.  The arresting officer is supposed to take your license and turn in a Department of Public Safety (DPS) Form 1205 to start the suspension.  If you hold an out of state license Georgia can't suspend your license, but it can suspend your privilege to drive in Georgia. This action will be reported to your home state, and they may suspend your license through reciprocity if they are members of the Drivers License Compact or Nonresident Violator Compact.  

  However, you have the right to request an Administrative License Suspension (ALS) Hearing  before the State takes your right to drive away.  You must send a written request along with a $150 filing fee to the Department of Driver Services within 10 business days.  You will then be scheduled for a hearing before an Administrative Law Judge (ALJ) that will occur before any criminal hearings on the underlying DUI charge.  

  If the officer fails to show the ALJ will rescind the suspension and you will keep your license pending the outcome of the criminal case.  If the officer does show, you will likely lose the hearing unless there was no legitimate reason for the original detention, no probable cause to arrest, the Georgia Implied Consent notice was improperly read, or there was no over the limit BAC test or refusal.  Even if you lose the ALS hearing, your attorney will have gotten an invaluable opportunity to get sworn testimony from the arresting officer before any criminal hearing occurs.

  This administrative suspension will be lifted if you are found not guilty on the DUI charge, or if you get the charge reduced to reckless driving, public intoxication, or any other non-DUI disposition.  Hiring an attorney who specializes in DUI cases will give you the best chance at prevailing on the criminal charges.  

  Be wary of an attorney who advises you to plead guilty to the DUI in order to have the officer rescind the ALS suspension. While it may save your license for a moment, once you plead guilty to DUI, you will lose your license for a minimum of 6-12 months.  While the ALS suspension would be a 12 months if you refused the State's test (with no limited permit for school or work), there may be defenses available that would lift that suspension completely upon getting the case thrown out, or getting a reduction.  Make sure you hire a knowledgeable attorney who is known as a fighter, and not a "plea attorney."