Monthly Archives: May 2017

Drinking & Driving

Drinking & Driving

Follow this advice in the event that blue lights go up behind you.

1) Pull over at the nearest safe spot to do so. We encourage females in particular to pull over in a lighted place where others can see you. Individuals posing as officers to lure in assault victims are rare but your personal safety should be of top priority.

2) Have your proof of insurance and driver’s license where you can obtain them quickly and without fumbling. If you are slow in gathering these items or have difficulty producing them, the officer may testify that that was evidence indicating that you were under the influence.

3) If you have passengers, get them under control and advise them not to make any statements. If a passenger is asked or told by an officer to make a statement, their statement should be limited to their identity.

4) Be courteous. Officers do have a tough job and they serve a vital function of our society. Do not make demands of the officer and do not curse at the officer. You are being videotaped and recorded and these statements will not help you in any way.

5) Say as little as possible. Your speech could be taken as an indicator of being under the influence. “Slurred speech” occurs regularly in DUI arrest reports. The officer may ask you if you’ve had anything to drink. Do not discuss your drinking. Say that you’d rather not answer that question. If he or she pressures you to answer, ask if you need to get a lawyer. Under no circumstances should you admit to drinking or describe how many drinks you’ve had.

6) Decline to do the field sobriety test. Even if you are completely sober you should decline to participate in any field sobriety exercises. These tests are designed to produce failure and the officer will use them to obtain evidence to prosecute you. Do not do eye tests, alphabet tests, counting tests, agility tests, walking tests, balance tests, or roadside breath tests. In Georgia, these roadside test numerical results are not admissible in evidence and there’s no need to show your athletic prowess, or lack there of, on video.

7) Refuse the state chemical testing (blood or urine test). This puts the officer in the position of proving impairment, that you were less safe to drive. Breath tests can be unreliable and can produce false results if not handled correctly.

8) Ask to be allowed to speak to an attorney as soon as possible. The officer does not have to stop the arrest or booking process to allow you to call an attorney, but you should put it on the record that you want a lawyer. After you make this statement, do not make any other statements about your case. Remember that most patrol cars record statements that you make in the car or near the officer. Just because the officer is away from the car or is transporting you does not mean that that hidden microphone is not active and recording your statements.

9) Your first phone call should be to someone who can get you out of jail whether that be a bail bondsman or family member. Get out as soon as possible and call a trial attorney as soon as possible that tries DUI cases. Jacque Hawk of The Hawk Firm has been rated in the top”10 Best in Client Satisfaction” by the American Institute of DUI/DWI Attorneys. There’s no need to play around with your legal case so call us, we’ll fight for you.

10) DO NOT DRINK AND DRIVE

Investigations & Suspects

If you think you may be a suspect and an investigator comes to speak with you, read this or simply print it off and hand it to them.

My lawyer has instructed me not to talk to anyone about my case or anything else, and not to answer questions or reply to accusations. On advice of counsel and on the grounds of my rights under the Fifth and Sixth Amendments, I shall talk to no one in the absence of counsel. I shall not give any consents or make any waivers of my legal rights. Any requests for information or for consent to conduct searches or seizures or investigations affecting my person, papers, property or effects should be addressed to my lawyer, whose name address and phone number are: The Hawk Firm. 448 Telfair Street Street. Augusta, Ga 30901. (706) 724-8537. I do not consent to any confrontations, tests, examinations or investigations.

Insurance Companies & Personal Injuries

You’ve been seriously injured. You are fighting for your life. An insurance company is fighting too: fighting to keep its money. They consider your injury as a business transaction. They don’t care that you’re hurt. They don’t care if you can’t work and have no source of income. They don’t care that you’re drowning in debt. They are hiring investigators, expert witnesses and attorneys to gut you and your claim while you lie there fighting for your life. Your top priority is to get your health back. That is as much as you can handle. So hire an attorney with a good reputation to get your case on equal footing with the insurance company while you recover. If you wait too late, you may lose hundreds of thousands of dollars that you would otherwise be entitled to. If you have any questions then please do not hesitate.

Call us now. (706) 724-8537

What should you do after an auto accident?

car accident with ambulance The Hawk Firm trial attorney lawyer augusta ga

No one plans to be in a car accident, but it happens – thousands of times each year, in every state. Since these unfortunate events are so relatively common, it is important for everyone who drives to know what to do when one happens. That way, drivers will be prepared to handle whatever issues may arise afterwards.

A lot of incidents are minor enough that there is little to do beyond the communication at the scene, but sometimes accidents involve major injuries and a lot of expensive damage. Make sure you should know how to protect yourself after an auto accident.

First: The moments after

Before you move or attempt to survey the damage to the vehicle, it is important to center yourself and to take inventory of your own sensations. You also want to check on your passengers if you are able. Looking yourself over and doing an internal inventory to see if you are hurt is a good way to make sure you do not move and aggravate an injury if you do have one, and checking your passengers will help you to determine whether you need to call for medical attention.

Second: Surveying damage

If you are able to safely move the vehicle or exit it, getting it as far off the road as possible and checking the damage is the next thing to do. That will help you to understand what has happened, but it is something you should only do if you can safely exit the vehicle. When it is safe to do so, you should take the following steps:

Contact the authorities – this needs to be done quickly if you need medical attention, otherwise it is less urgent but still necessary.

Trade insurance information with the other driver, to be sure you both have everything you need to resolve the situation.
Give a police statement. This is important because it helps to document your narrative of the crash, and you can request a copy of the statement later if you need it for your records.

Take photographs if possible of the scene or ask a police officer to take them for you if you are unable to do so. Make sure the photographs are taken of the vehicles as well as the surrounding environment.

Get the names and contact information for any witnesses. Witnesses can help corroborate what happened.

Third: After the accident

Once you have received any necessary medical care on site and your vehicle is taken care of, there is still more to do to resolve the accident. The cause will need to be determined, and that will affect whose insurance has to pay for the expenses. Although you must report the accident, it is important you speak to a personal injury attorney before providing any recorded statements as these can potentially be used against you.

A qualified attorney can help you understand your rights to compensation to cover your medical bills and repair costs. If you have been in an accident recently, make sure you contact an attorney promptly to get the assistance you need.