Blog Post

curved

Blog

Legal Advice for Widespread Panic Fans

Kim Stephens • Feb 09, 2016

Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes Widespread Panic fans to Athens, Georgia. Criminal defense attorney Kim Stephens encourages all fans to enjoy the music, to have fun, but also to remain vigilant and safe to avoid being hurt or being arrested and forever branded as a criminal.

Fans should be aware of the following:

State laws and local ordinances :

  1. 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.
  2. 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 recently changed their policy of arresting first time underage drinkers and branding them as criminals, instead issuing citations to the alleged offender; but, the penalties and sentences in MIP cases can still be unduly harsh and burdensome and can result in you having a criminal record.
  3. 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.
  4. If you are over the age of twenty-one and drive a vehicle (including bicycles, scooters, Segways, golf carts, horses, or any moving vehicle) with a blood alcohol level of .08, you will be charged with DUI in Athens. While television, radio and billboard advertisements call a DUI a $10,000.00 mistake, I know of a DUI conviction costing a person more than $200,000.00 because he lost his job, lost his company car, couldn’t find other work for over a year, almost lost his home, along with suffering the more typical DUI I’ve also seen commercial drivers lose their licenses for a year or, for a second DUI permanently taking away their ability to work. These cases demonstrate the severe impact a DUI can have whether you are a college student or a working adult.
  5. If you drive a vehicle improperly (speeding, failure to maintain lane, etc.) after consuming alcohol or using drugs , you may be charged with DUI less safe even if you refuse the breath or blood test. Often police officers will request that you take “a few tests” called field sobriety tests (these are not the same as the breathalyzer test that they will ask you to take after they arrest you) to determine if you are impaired. You are not required to take these field sobriety tests. Understand that police officers use the test to gather evidence against you, not to help you. So, in almost every circumstance, you should refuse to do these voluntary field sobriety tests at the scene of your stop.
  6. If you are involved in a motor vehicle accident after consuming alcohol or drugs, you may be charged with crimes ranging from misdemeanor reckless driving to felony vehicular homicide . A conviction for vehicular homicide almost always results in many years of prison time. Don’t take a chance of killing someone, ruining your life, and devastating the lives of family members for you and the person you might injure or kill.
  7. If you buy alcohol and provide it to someone under the age of twenty-one, you can be charged with providing alcohol to a minor . In addition to criminal sanctions, your driver’s license will be suspended if you are convicted of providing alcohol to a minor.
  8. If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal offenses, even if you were also intoxicated. Even more worrisome, students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.

Remember, if you are arrested and charged with a crime, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends individuals every day, winning in court, and arrests from having negative long-term consequences.

IF YOU HAVE BEEN CHARGED WITH A CRIME, CALL ATTORNEY KIM T. STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE 706-548-3933
top attorney logos
curved

Leave a Comment

Contact Stephens & Brown Today

By Robert Holland 19 Aug, 2020
Do Not Talk To The Police Without A Lawyer Present
By Kim Stephens 14 Aug, 2019
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.
By Kim Stephens 20 Feb, 2019
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 .
By Kim Stephens 10 Aug, 2018
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:
By Kim Stephens 11 Jun, 2018
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.
By Kim Stephens 11 May, 2018
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.
By Kim Stephens 26 Apr, 2018
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.
By Kim Stephens 05 Mar, 2018
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.
By Kim Stephens 12 Feb, 2018
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.
By Kim Stephens 07 Feb, 2018
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.
More Posts
Share by: