Can Police Stop My Car Based on an Anonymous Tip?
Anonymous Tips & Traffic Stops
Columbus Georgia Criminal Lawyer Mark Jones often represents clients whose criminal charges stem from a traffic stop. In fact, the vast majority of all criminal cases stem from traffic stops.
It has long been the law in the United States that in order to initiate a traffic stop, a police officer must have reasonable, articulable suspicion that a crime has been or will be committed by the driver. United States v. Cortez, 449 U.S. 411 (1981). Otherwise, the traffic stop is no good, and the evidence that flows from the traffic stop must be excluded as fruit of the poisonous tree. See generally, Amendment 4.
A recent United States Supreme Court decision, Navarette v. California, (2014), essentially holds that anonymous tips support reasonable suspicion to initiate a traffic stop. This is contrary to Georgia law that has been on the books since the early 1990s. See Vansant v. State. The decision is also contrary to past United States Supreme Court precedent.
In Navarette, the only evidence to initiate a traffic stop was an anonymous tip that a white Ford F-150 had run the anonymous tipster off the road. The tipster reported the truck was heading southbound and informed the 911 dispatcher of the truck’s plate number. The California Highway Patrol stopped a truck matching this description and found 30 pounds of marijuana in the vehicle.
Prior to trial, the attorney for the defendant moved to suppress evidence associated with the traffic stop due to the sole basis for the stop being an anonymous tip. The trial judge denied the motion, and the California Supreme Court affirmed.
As Justice Scalia notes in his vehement dissent, “eliminating accountability is ordinarily the very purpose of anonymity” and an anonymous tipster “can lie with impunity.” (Scalia, J. dissenting at *2). Indeed, for this reason, the Georgia Supreme Court has held on similar facts that there was no reasonable articulable suspicion to support a traffic stop. The Georgia Supreme Court’s approach is the proper adherence to traditional law associated with the Fourth Amendment.
Hopefully, this decision by the Supreme Court will not remain on the books for long.
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Pain and Suffering Damages in Georgia
Pain and Suffering Damages in Georgia
Columbus Ga Injury Lawyer Mark Jones Discuses Pain and Suffering Damages
What is Pain and Suffering in a Personal Injury Case?
Lawyer Mark Jones is often asked by clients what exactly pain and suffering is in a personal injury case. Pain and suffering is a term that gets a bad rap. This is likely due to the stigma that personal injury attorneys enjoy due to the call-to-action advertisements that many personal injury attorneys subject the public to.
Nevertheless, pain and suffering is an item of money damages in Georgia. Lawyer Mark Jones always tells his personal injury clients that pain and suffering is simply a monetary award for having to go through an injury claim.
Pain and suffering is a type of general damages as opposed to special damages. Special damages are medical bills, lost wages, and any other item of money damages that are quantifiable. General damages are unquantifiable. Pain and suffering damages are the central type of general damages.
Imagine the following hypothetical. Let us suppose that you are walking down the sidewalk and just before a negligent driver hits you with his/her automobile, he gets out of his car and makes an offer to you on how much he would have to pay you to be hit by a car and sustain all the injuries associated with a pedestrian versus motor vehicle accident.
How much is being hit by a car and subjected to injury worth? How much is being subjected to a lumbar fusion, a rotator cuff surgery, or epidural injections worth? One can see why these damages are so difficult to quantify.
Generally a fair pain and suffering award will depend on many factors including medical bills, the conduct of the defendant, and the venue where the case is to be tried. Georgia courts have also identified several factors that are to be considered by a jury in arriving at a fair value for a pain and suffering award. These factors were outlined in Food Lion v. Williams, 219 Ga. App. 352 (1995). The Food Lion decision is the leading case on pain and suffering damages in Georgia. The factors are as follows:
- Interference with normal living;
- Interference with enjoyment of life;
- Loss of capacity to labor and earn money;
- impairment of bodily health and vigor;
- The fear of extent of injury;
- Shock of impact;
- Actual pain and suffering;
- Past and future;
- Mental anguish;
- Past and future; and
- Must limit activities for rest of life
The Food Lion case actually arose out of Columbus, Georgia is my understanding — the case at least has Columbus, Georgia counsel listed on the appeal.
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Dude Where's My Bond: Crimes for Which Only a Superior Court Judge Can Set Bond
One of the most important things for Columbus Ga Criminal Lawyer Mark Jones about representing a client accused of a crime is obtaining reasonable bond for the client in an expeditious manner. In Columbus, Georgia, oftentimes bond is set in Recorder’s Court, which is a court of record created specifically for Columbus, Georgia. Gwinnett County also has a Recorder’s Court. (By the way, did you know Columbus, Georgia has at least six (6) different courts?).
Recorder’s Court handles preliminary hearings for Columbus, Georgia. It also handles traffic citations and other citations concerning city ordinances. Recorder’s Court helps those accused of a crime get bond in a reasonably expeditious manner. They even hold court on Saturdays!
However, for certain charges, a Superior Court Judge can only set bond. This is pursuant to Georgia law. See OCGA § 17-6-1. Under that code section, bail can only set by a Superior Court judge for the following crimes:
(1) Treason;
(2) Murder;
(3) Rape;
(4) Aggravated sodomy;
(5) Armed robbery;
(6) Aircraft hijacking and hijacking a motor vehicle;
(7) Aggravated child molestation;
(8) Aggravated sexual battery;
(9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II;
(10) Violating Code Section 16-13-31, relating to trafficking in cocaine, methamphetamine, or marijuana;
(11) Kidnapping, arson, aggravated assault, or burglary if the person, at the time of the alleged kidnapping, arson, aggravated assault, or burglary, had previously been convicted of, was on probation or parole with respect to, or was on bail for kidnapping, arson, aggravated assault, burglary, or one or more of the offenses listed in paragraphs (1) through (10) of this subsection; and
(12) Aggravated stalking.
It is important that you seek out an experienced attorney immediately in the event you or a loved one has been charged with a crime — especially one of the crimes charged in OCGA § 17-6-1. If you desire a courtesy consultation regarding your criminal matter, please call Lawyer Mark Jones today at 866-521-MARK or 706-225-2555.
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Am I Liable if My Pit Bull Dog Bites Someone?
Columbus Georgia Personal Injury Lawyer Mark Jones regularly represents clients who have been attacked by dangerous dogs such as Pit Bulls, Rottweilers, and the like. So when is a dog owner or landowner liable for injuries or scars caused by a dog bite?
General Rule on Dog Bites: One Free Bite Rule (Notice Requirement)
In Georgia and Alabama, the general rule is that a landowner must have notice of a dog’s tendency to bite before a court will hold a landowner liable for injuries caused by the dog bite. Reddett v. Mosley, 222 So.2d 369 (Ala. Ct. App. 1969); Alabama Code 3-6-1; McBride v. Wasik, 179 Ga.App. 244 (345 S.E.2d 921) (Ga. App., 1986). This has been dubbed by courts as the “one free bite rule.”
Dangerous Breeds of Dog Exception to the Notice Requirement
However, in Alabama, the Courts have recognized an exception to the general common law rule of “one free bite” where the owner must have notice of a dog’s dangerous propensities to bite before being held liable. Instead, in Alabama, a landowner or dog owner will be liable for a person’s medical bills and pain and suffering if the owner owns a dangerous breed with a propensity to bite.
The leading case holding that a party injured by a dog bite can bypass the notice requirement by relying on a dangerous breed’s propensity to attack is Humphries v. Rice, 600 So.2d 975 (Ala., 1992).
In the Humphries case the Court held that “a party could rely on a breed’s an owner or keeper of an animal will be charged with knowledge of the propensities of the breed of animal he or she owns.” Id. This means that in Alabama a dog that is a pit bull or other dangerous breed that bites can result in liability to the dog owner or landowner regardless of whether the owner had knowledge of the dog having bitten before.
If you have been the victim of a dog bite attack, please contact Columbus Georgia and Phenix City Dog Bite Lawyer Mark Jones for a free consultation at 706-225-2555.
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Three Tips on Settlements Involving Minors in Alabama
Background: Pro Ami Lawsuits Minors get hurt sometimes by the negligence of others in car wrecks, slip and falls, trip and falls, and other personal injury claims. But they cannot enter into a contract to settle their case. S.B. v. Saint James School, 959 So. 2d 72, 96 (Ala. 2006)(“a minor is not liable on any contract he makes and that he may disaffirm the same.”)(quoting Children’s Hosp. of Birmingham, Inc. v. Kelley, 537 So.2d 917, 917 (Ala.Civ.App.1987)).
In the State of Alabama, personal injury settlements involving minors are a big deal. This is especially true considering the age of majority in Alabama is 19, unlike many other states. Settlements involving minors in Alabama have a special name: pro ami or “for friend” settlements. Technically a minor settlement is a lawsuit, but, if the parties have reached a settlement, then the lawsuit is a “friendly” one.
(1) Settlements Over $5,000.00 Require Court Approval If the settlement is over $5,000.00, then court approval in the Circuit Court is required. See generally, Alabama Code 26-2A-6; Abernathy v. Colbert County Hospital Board, 388 So.2d 1207 (Ala. 1988). More and more defense counsel, however, are insisting on all pro ami settlements being approved by the Circuit Court. Some are even insisting that the Court funds go through the Clerk of Circuit Court’s trust account rather than having the settlement paid directly to the plaintiff’s attorney for disbursement.
(2) An Actual “Fairness” Hearing is Required to Approve the Settlement Alabama law requires an actual hearing to determine the fairness of the minor’s settlement by the Circuit Court. Large v. Hayes by and through Nesbitt, 534 So.2d 1101 (Ala. 1988). This is more than a rubber stamp hearing and the final order should include findings of fact and conclusions of law finding that the settlement amount, attorneys fees, and expenses are all fair and in the best interest of the minor. All medical bill s and subrogation claims or liens must be addressed.
(3) A Guardian ad Litem Should be Appointed Although technically not required, most Circuit Judges will require the appointment of a Guardian ad Litem to determine whether the settlement is in the best interests of the child. This is the best practice. See generally, Alabama Rule of Civil Procedure 17(c); Large, supra. Mark Jones actively handles personal injury claims involving minors. Please call Mark Jones today for your free consultation regarding your child’s personal injury claim at 706-225-2555.
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When May a Police Officer "Frisk" Someone?
Oftentimes, Columbus Georgia Criminal Lawyer Mark Jones is asked when a police officer may “frisk” someone following a traffic stop. The answer to this question depends on the facts of each case, but, generally speaking, the following rules apply to control when an officer may frisk someone.
(1) A Police Officer May Pull Someone Over When They Have Reasonable Articulable Suspicion of Criminal Activity
As an initial matter, the police officer must have reasonable articulable suspicion of criminal activity to pull someone over and detain them. This was the decision in the watershed case, Terry v. Ohio, 392 U.S. 1 (1968). This standard is low, but it is more than a hunch and less than probable cause. See generally, United States v. Sokolow, 490 U.S. 1 (1989) (reasonable suspicion must be more than “an inchoate and unparticularized suspicion or hunch … [it is] a level of suspicion supported by articulable facts that criminal activity may be afoot.”).
Beware of magic words, though! Just because an officer states he only had a “hunch” does not mean there is no reasonable articulable suspicion. Fitz v. State, 275 Ga. App. 817, 622 S.E.2d 46 (Ga. App. 2005).
Probable cause simply means a “fair probability” that a crime has been committed. See, e.g., State v. Hunter, 282 Ga. 278 (Ga., 2007) (probable cause means fair probability contraband will be found in a particular place).
So we have the following standards concerning traffic stops and seizures by law enforcement:
- Hunch = no basis to stop and detain
- Reasonable Articulable Suspicion = basis to stop for investigatory detention
- Probable Cause = basis to arrest for alleged crime
(2) A Police Officer May Frisk Someone When They Have a Reasonable Articulable Suspicion that the Suspect is Armed or Poses a Danger
Now that we have discussed the standards outlined in Terry v. Ohio, 392 U.S. 1 (1968), we can understand when a law enforcement officer can pat down a suspect. There must be reasonable, articulable suspicion that a suspect is armed and poses a danger to conduct a Terry pat down. This was the holding of Edgell v. State, 560 S.E.2d 532 , 253 Ga. App. 775 (Ga. App. 2002). There, the police officer frisked a suspect who was simply riding in the same vehicle as the driver who was arrested for an expired tag. The officer testified that he had no basis to suspect Edgell (the passenger) of a crime. Edgell simply got out of the car to call a friend to come pick him up. The officer conducted a Terry frisk and found marijuana. The trial court refused to grant Edgell’s motion to suppress and Edgell appealed.
Chief Judge Blackburn — one of the Court of Appeals’ most prolific writers — held that this frisk was unconstitutional because there was no particularized basis to stop and frisk the defendant.
So, there you have it. The police must have an objective, articulable basis to frisk someone. Generally, they will have this if they have a reasonable suspicion to pull someone over in the first place, but not necessarily.
Columbus Georgia Criminal Lawyer Mark Jones knows the law and can fight for you to get your criminal case tossed or reduced. Call Mark today at 706-225-2555 for a free 30 minute consultation regarding your case.
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Columbus Georgia Criminal Defense Lawyer Mark Jones
Part of what you get when you hire Columbus Georgia Lawyer Mark Jones is style. In addition, you get someone who you know will fight for you and your case. Call 706-225-2555 for a free consultation regarding your case. The Law Offices of Mark P. Jones serve clients in Columbus, Georgia and Phenix City, Alabama.
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The Six Different Types of DUI Charges in Georgia
Columbus Ga DUI Lawyer Mark Jones is often asked by clients in Columbus, Georgia about the law concerning driving under the influence of alcohol or drugs in Georgia.
In Georgia, there are six (6) statutory ways that the State of Georgia can charge you with a DUI offense pursuant to OCGA 40-6-391, Georgia’s Driving Under the Influence statute. Lawyer Mark Jones has already blogged about Six Consequences of a DUI conviction. This blog is about the six ways a person can commit a DUI:
(1) Less Safe Driving Under the Influence of Alcohol:
A person commits the offense of DUI less safe alcohol when that person being in physical control of any moving vehicle drive under the influence of alcohol to the extent it was less safe for that person to to drive. OCGA 40-6-391(a)(1).
Note that there is no requirement that the individual commit an actual unsafe act; rather, the violation of OCGA 40-6-391 occurs when that person drives to the extent it was less safe for that person to drive. See Duren v. State, 252 Ga. App. 257 (2001); see also Susman v. State, 256 Ga. App. 94 (2002).
(2) Less Safe Driving Under the Influence of Drugs:
Driving under the influence of drugs or prescription drugs to the extent that it is less safe for the person to drive is another manner of committing DUI in Georgia. OCGA 40-6-391(a)(2).
Concerning prescription drugs, the relevant code section is OCGA 40-6-391(b), which states that a person commits DUI less safe drugs when that person is “rendered incapable of driving safely as a result of using a drug other than alcohol, which such person is legally entitled to use.” It does not matter then that the person has a prescription for the drug that makes him/her less safe to drive. See State v. Kachwalla, 274 Ga. 886 (2002). Further, the “incapable of driving safely” standard is identical to the “less safe to drive” standard as far as the evidence needed to convict. See State v. Johnson, 268 Ga. App. 426 (2004).
(3) Per Se Driving Under the Influence of Alcohol –
Ordinary Drivers: when a person drives a motor vehicle and that person’s alcohol concentration is 0.08 grams or more at any time within three hours after driving, during driving, or after the driving ended. OCGA 40-6-391(a)(5).
Commercial Drivers: the amount of alcohol present for commercial drivers in the blood, breath or urine may not exceed 0.04.
Those Under 21: Those under 21 may not have more than 0.02 grams of alcohol in their blood, breath, or urine under Georgia’s DUI law.
(4) The Combined Influence of Two or More Specific Drugs – if your driving is less safe because you are under the influence of alcohol combined with any other drug, alcohol combined with aerosol or glue, or any drug and glue or aerosol, then the person has committed DUI under OCGA 40-6-391(a)(4), which is the “combined influence” subsection of the DUI statute.
(5) Under the Influence of Glue, Aerosols, or Toxic Vapors
There was apparently a need for a subsection barring glue or aerosol DUIs. Lawyer Mark Jones has never actually seen this particular subsection charged in his career, but that does not mean some solicitor somewhere has not done so. OCGA 40-6-391(a)(3).
(6) Under the Influence of Marijuana or a Controlled Substance Per Se
OCGA 40-6-391(a)(6) provides that a driver cannot drive or be in actual physical control of a motor vehicle when there is any amount of marijuana or a controlled substance as defined in OCGA 16-13-21, Georgia’s Controlled Substances Act. The Georgia Supreme Court in Love v. State, 271 Ga. 398 (1999) struck down OCGA 40-6-391(a)(6) as unconstitutional at least as to marijuana under equal protection grounds due to a lack of relation between legal and illegal marijuana use. However, what the Georgia Supreme Court giveth, the Georgia Court of Appeals taketh away. In Keenum v. State, 248 Ga. App. 474 (2001), the Court held that OCGA 40-6-391(a)(6) was not unconstitutional “as applied to those with a detectable level of cocaine in their system.”
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Six Consequences of a DUI Conviction in Georgia
DUIs are misdemeanors. But a DUI is still a serious criminal charge in Georgia.
Columbus Georgia Criminal Defense Attorney Mark Jones can help you defeat your DUI charge or mitigate the consequences of your DUI conviction.
Six possible consequences of a DUI conviction are:
1. License Suspension for 12 Months on Conviction
OCGA § 40-5-63, OCGA § 40-5-67.1, and OCGA § 40-5-75 outline the license suspension process for someone convicted of a DUI (alcohol and drugs). If you are convicted of a DUI, you will face a lengthy license suspension for twelve months.
2. Repeat Offender:
Repeat offenders are treated significantly harsher. You will have to undergo a substance abuse evaluation aka “DUI school.” Ironically, you will also get a red stripe on your license. If you obtain a permit, you’ll be driving with an interlock ignition device. You also have to surrender your car tags. Depending on whether you take a chemical test and the number of your conviction, your license could be suspended for up to 5 years.
3. Jail Time
First offense: 24 hours minimum / 1 year max
Second offense: 3 days minimum / 1 year max
Third offense; 15 days minimum (could be charged as a felony)
4. Fines
First offense: $300.00 – $1,000.00
Second offense: $600.00 – $1,000.00
First offense: 40 hours minimum
Second offense: 30 days minimum
6. DUI School
In line with what was mentioned above about repeat offenders, DUI school is mandatory upon a second conviction for DUI.
If you have been charged with a DUI in Columbus, Georgia, please call, text or email Lawyer Mark Jones today to start defending your case!
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Georgia DUI Implied Consent Law: Should I Submit to a Chemical Test?
Lawyer Mark Jones is often asked by clients in Georgia who are charged with DUI (“driving under the influence”) what defenses are available to the DUI charge. This blog addresses three points about Georgia DUI implied consent statute.
1 . What is Implied Consent in Georgia?
OCGA 40-5-67.1 codifies Georgia’s implied consent warning that must be given to all drivers before submitting to a chemical drug test when that driver is suspected of driving under the influence.
The name “implied consent” comes from the concept that by using the roads to travel in the State of Georgia, you impliedly consent to a chemical test if there is a reasonable suspicion/probable cause to suspect you have committed the crime of driving while intoxicated. State v. Webb, 443 S.E.2d 630, 212 Ga.App. 872 (Ga. App., 1994)(“every driver’s consent to a chemical test for intoxication is implied by law.”).
Georgia’s implied consent warnings are tailored to the various types of drivers, but the most common warning is:
“Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver’s license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.08 grams or more, your Georgia driver’s license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required
state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law?”
2. Consequences of Refusal to Submit to a Chemical Test
As you can see from the Georgia Implied Consent warning above, refusing to submit to a chemical test after a DUI has harsh consequences for your driving under the influence case. First, your license will be suspended for at least one year. Second, the prosecuting attorney will seek to offer your refusal into evidence at trial. So, refusing to submit to the chemical test does not necessarily mean that your case is helped.
3. So Should I Submit to a Chemical Test, Blood Test, Breathalyzer, or Intoxilyzer?
Different lawyers will have different opinions here. Lawyer Mark Jones is of the opinion that, if you have been drinking heavily, you should not submit to a chemical test. This forces the State of Georgia to prove their case. Refusing to submit to the test, however, comes with serious consequences, and you must contact an experienced DUI attorney immediately upon bonding out in order to reduce the impact of your decision to refuse a chemical test.
Hiring a DUI attorney may seem costly due to the lawyer’s fee, but the consequences of a DUI charge will cost you significantly more in the long run if you do not have counsel. Lawyer Mark Jones has actively represented clients accused of driving under the influence and can fight for you to make sure you are treated fair by the legal system. Please call Lawyer Mark Jones today at 706-225-2555 for a free consultation.
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