Tyler Law Firm, LLC

https://www.guidetogwinnett.com/best-of-gwinnett/vote

The Tyler Law Firm will be working from home until the Judicial Emergency is concluded. Still available for free phone consultations.The Tyler Law Firm will be working from home until the Judicial Emergency is concluded. Still available for free phone consultations.

COVID-19 Precautions 1. Wash your hands after you have been out or touched anything that could be infected, and before you eat or prepare food. Keep hand sanitizer (greater than 60% alcohol-based) in your car and at every entrance into your home. Use it whenever you return home or get into your car. Carry some on you for when you can’t wash your hands with soap and water. 2. Maintain personal space. Don’t shake hands or hug. Instead, fist bump, elbow bump, or just nod.... 3. Push doors open with your hip or elbow - don’t grab door handles, hand rails, or other heavily used surfaces with your bare hands if you can help it - treat every door or public surface as if it was the door of a particularly gross public bathroom. 4. Use sanitary wipes to wipe down surfaces like grocery cart handles/child seats, etc. 5. Carry latex gloves for pumping gas and touching surfaces the public uses. 6. Wear a mask when going anywhere groups of people are, or have been. While a mask will not always protect you from a direct cough or airborne droplets, it will keep you from unconsciously touching your mouth or nose with your contaminated hands - something we do approximately 90 times a day. It will also help prevent you spreading the disease if you get sick. 7. Have Cold-Eeze or zinc lozenges ready, and use them if you feel even the slightest bit sick or start to get a sore throat. 8. If possible, cough or sneeze into a disposable tissue and discard. Use your elbow only if you have to. The clothing on your elbow will contain infectious virus that can be passed on for up to a week or more.

Thank you to everyone who made this possible!

We are in the process of moving our office. Our new address will be 2180 Satellite Blvd, Suite 400, Duluth GA 30097. Our phones will be down until Monday to facilitate the transfer of our phone number.

Today the Georgia legislature missed a great opportunity to protect our constitution AND fix Georgia’s implied consent notice. Instead, they ignored really good advice from both prosecutors and defense attorneys, and opted to make only slight changes to Georgia’s unconstitutionally coercive and deceptive notice. HB 471/SB 208. But at least they got rid of the offensive first sentence.

Speaking on effective closings in DUIs at GACDL DUI Boot Camp.

The rumor is the Georgia House of Representatives Judicial Committee is meeting Monday to discuss Georgia’s implied consent law/notice in light of the Georgia Supreme Court’s decision in Elliot (and presumably Williams and Olevik as well). Hopefully, in addition to striking the language of the notices under O.C.G.A. 40-5-67.1 (b) which read a suspect’s refusal may be admissible at trial, and striking O.C.G.A. 40-6-392(d) (the authority for unconstitutionally admitting a su...spect’s refusal at trial), the Legislature will also have the foresight to make additional changes. They should change the first sentence of the notice so it doesn’t begin with the misleading, incorrect, and coercive, Georgia law requires you to submit... when the officer is actually attempting to request voluntary consent. The notice should also be changed to inform a suspect that they have a right to refuse the test (since both blood and breath testing are now recognized to be constitutionally protected - blood testing under the Fourth Amendment & Art. I, Sec. I, Para. XIII of the Georgia Constitution, and breath testing under Art. I, Sec. I, Para. XVI of the Georgia Constitution). The Legislature also needs to correct the deliberately misleading descriptions of the two administrative license suspensions, 08 and above and refusal to submit. The notice reads, may be suspended and will be suspended respectively, when the code sections actually reads, shall be disqualified for both (compare O.C.G.A. 40-5-67.1(c) and (d); in Olevik the Court recognized this distinction was misleading). And finally, the notice should inform a suspect that any results from the requested tests will be used as evidence at trial. If the Georgia Legislature takes this opportunity to correct these defects, Georgia’s implied consent notice will no longer require the hypocrisy of having our police officers testify that, after telling a suspect Georgia law required their submission, misinforming them of the likelihood of license suspension, and threatening them with an unconstitutional sanction if they refused (the admission of their refusal at trial), the suspect voluntarily consented. Our current implied consent scheme reminds me of jokingly being voluntold (I need a volunteer; you) by my squad leader when he had the authority to order me, but it’s unconscionable to allow the State to mislead citizens and suspects into thinking they HAVE TO DO what the State has no authority to compel them to do, particularly when it violates our constitution. See more