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Athens Laws and Ordinances that Students Need to Know
Kim Stephens • August 14, 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.
State 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.
- If you are charged with possession of a
false or fake ID, you may never be allowed to work in the banking industry
because FDIC regulations prohibit banks from hiring individuals charged with
crimes involving dishonesty, even if the charge is resolved with a Pretrial
Diversion Program. We can help you avoid
this situation and protect your future in the financial industry.
- 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 do not
arrest first time underage drinkers UNLESS another charge accompanies the MIP
charge; but, the penalties and sentences in MIP cases can still be unduly harsh
and burdensome and can result in you having a criminal record. You should always consult with an attorney
before you go to court.
- 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
or Lyft
help you. If you are charged with
DUI you need an experienced DUI lawyer to protect your license and your future.
- 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 have heard 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, and suffered the more typical DUI
penalties. DUI can have a severe impact on your life
whether you are a college student or a working adult.
- 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” 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 field sobriety tests at the scene of your stop.
- 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 though Stephens & Brown
has
successfully kept a person out of jail who caused the death of two elderly
people after smoking marijuana. Just
this year, attorney Kim T. Stephens successfully kept a client out of prison on
a vehicular homicide charge resulting from a horrible wreck that killed the
client’s husband. In this case, the
client had 2 previous DUIs, 3 previous felony drug convictions, and drugs in
her system at the time of the wreck.
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.
- 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.
- If you have sex with an individual who is under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal charges, even if you were also intoxicated. Students, particularly male students, are also being expelled or suspended 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.
Remember, if you are charged with a crime or asked to meet with the police, the Office of Student Conduct or other school administrators about alleged crimes or other violations of your school’s Code of Conduct, 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.
IF YOU HAVE BEEN CHARGED WITH A CRIME CALL KIM STEPHENS TODAY 706. 548. 3933FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE
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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.
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. 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.
