Dodd & Burnham, Trial LawyersDodd & Burnham, Trial Lawyers2026-04-20T14:23:57Zhttps://www.doddlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604218/2020/07/cropped-Favicon-32x32.jpgOn Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[Properly maintaining an IID can prevent unnecessary problems]]>https://www.doddlaw.com/?p=481102025-02-26T18:00:28Z2025-02-26T18:00:28ZIf you’re required to get an ignition interlock device (IID) to regain some driving privileges after a DUI, you’ve got some things to think about. An IID comes with some costs and requires servicing and calibration. Further, if you share a vehicle with others (like family members), they will also need to use it for the vehicle to start.
The alternative, however, is relying on alternate forms of transportation or other drivers to get around. What you definitely don’t want to do is drive without a valid license. If you’re caught, that will only compound your legal issues.Another thing to keep in mind is that IIDs have been proven to save lives. Because drivers have to blow into the device to prove that they haven’t been drinking for the engine to start (and intermittently while driving), it can be a good motivator not to try to drive after drinking. Any failures to start the vehicle or of a rolling retest are reported to the authorities that monitor these devices.This is why it’s crucial to keep your IID working properly. You don’t want any problems with the device creating false reports of violations. For example, if your car battery dies, that could result in a report. (Note that the IID itself doesn’t put a lot of wear on a battery.)
How to prevent heat and sun damage
Here in South Georgia, another thing to watch out for is heat. With the summers getting longer and hotter, this can be an issue for more than a few months of the year. Heat and sun can damage an IID – as can extreme cold if you travel north during the winter months.There are some simple ways to prevent heat and sun damage if you have to park outside. If the IID has a removable mouthpiece (which some do), remove it and keep it with you. If you can’t do that, put a covering or sleeve over the IID. A sunshade on your windshield and windows can also help protect it from the heat and sun.Of course, the best-case scenario is to avoid a DUI conviction and all of the consequences that come with one. That’s why it’s important to take a DUI seriously – even if it’s your first one. There may be ways to defend against the charge or get it reduced. Having legal guidance can help you protect your rights and your future.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[What parallel parenting is and how it differs from co-parenting]]>https://www.doddlaw.com/?p=481042025-01-17T04:03:58Z2025-01-23T04:03:14ZWhat is parallel parenting?
Parallel parenting is an approach to shared custody in which parents mimic parallel lines. They both move toward the same end goal of raising healthy, successful young adults while minimizing how often they communicate or cross paths with each other.
Like parallel lines, they try to remain fully separate. Parallel parenting requires clear boundaries and mutual respect for them. Parallel parenting differs from co-parenting in that it does not involve regular communication but rather the opposite. Parents make every reasonable attempt to plan ahead for all likely co-parenting challenges. That way, they have minimal interaction with one another once they actually begin sharing custody.
Parallel parenting generally requires a much more robust parenting plan than co-parenting. Parents do not address disputes and disagreements as they arise but instead need to have rules in place for as many likely situations as possible.
They may give each parent the final decision-making authority in certain areas so that they don't have to cooperate on major choices regarding their children. They may have rules requiring communication through a co-parenting app and custody exchanges involving neutral third parties or a location in between their houses. Parallel parenting means that parents generally need to have ways to split special events because they are unlikely to attend at the same time without conflict.
For some families, parallel parenting can be a step in the transition to co-parenting. For others, parallel parenting is the best option. Parents may continue parallel parenting until their children reach adulthood and are no longer subject to custody orders.
Learning more about different approaches to shared custody can help parents choose the right plan for their family. Parallel parenting may a viable option for many families dealing with high levels of conflict during divorce.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[Georgia has toughened drug laws related to fentanyl]]>https://www.doddlaw.com/?p=481092025-02-26T18:00:17Z2024-09-26T16:58:00ZWhat is “Austin’s Law?”
A state law enacted last year that’s aimed at combatting the distribution of fentanyl is named for a Georgia man who died after consuming one fentanyl-laced Xanax pill he bought on the street. His family advocated for what is called “Austin’s law” because at the time, the penalty for unintentionally distributing fentanyl was a misdemeanor (although no one was arrested or charged in that case.)
Now, with Austin’s law, anyone who sells or manufactures a drug they know is laced with fentanyl can be charged with aggravated involuntary manslaughter if someone dies as a result if they “represent[ed] that such substance was any controlled substance.”
This raises the stakes considerably for anyone who sells drugs – even individual pills – illegally. Even if someone has no intention of causing someone’s death, the fact that they knowingly produced or sold a substance with ingredient that can – and did – prove fatal is enough for this felony charge.
Increased penalties related to “counterfeit substances”
The same law also increases the penalties for manufacturing “counterfeit substances.” These often contain fentanyl. In Georgia, it’s now a felony to “possess, purchase, deliver, sell, or possess with intent to sell or deliver a pill press or tableting machine, an encapsulating machine, or other controlled substance counterfeiting materials” if you know or can reasonably believe that it will be used “to manufacture a controlled substance or counterfeit substance.” A conviction can result in a prison sentence of one to ten years.
If you’re facing any fentanyl-related drug charge, it’s crucial to take it seriously. A conviction can derail your life. Getting experienced legal guidance as soon as possible can help you protect your rights and your future.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[How do prosecutors work to prove an intent to distribute drugs?]]>https://www.doddlaw.com/?p=481082025-02-26T18:33:41Z2024-07-26T17:33:01Zpossession with intent to distribute charges instead of simple possession charges. Unlike simple possession, which can sometimes be a misdemeanor offense, possession with intent to distribute is a felony offense. Defendants face a life-altering criminal record and much harsher penalties.
How do prosecutors work to prove that someone intended to distribute the drugs that officers found in their possession?
The amount of drugs is a key factor
In many possession with intent to distribute cases, prosecutors simply have to establish that the amount of drugs found indicates an intent to distribute to others rather than use those drugs for personal purposes. Frequently, having a significant amount of a single drug can look like possession with intent. State prosecutors may also bring harsher charges against those caught in possession of multiple different types of drugs.
Other items can strengthen a prosecutor's case
Frequently, possession with intent charges involve individuals caught with certain types of drug paraphernalia. Scales can make it seem as though an individual intended to weigh out and redistribute the drugs found in their possession. Individual packaging, such as single-use sandwich bags or even disposable straws, can also strengthen the claim that an individual intended to repackage and distribute the drugs in their possession. Even disposable consumption tools could strengthen the state's allegations of possession with intent.
Communication records can also become evidence
Text messages and even phone calls with other people who have a known association with the local drug trade can help strengthen the prosecutor's claim of possession with intent. Other times, interactions on social media ranging from private messages to comments and posts can make it look like an individual may have actively participated in the distribution of illicit substances.
Those fighting back against possession with intent allegations and other drug charges often need to look at the state's evidence carefully with the guidance of a skilled legal team. Developing an appropriate defense strategy can help individuals to work toward avoiding criminal convictions, jail time and criminal records.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[3 surprising statistics about divorce]]>https://www.doddlaw.com/?p=481072025-02-26T17:59:32Z2024-05-23T03:03:15ZMost people get married with the expectation of staying with their spouses forever. However, a variety of challenging circumstances can force people to compromise that goal. Adultery, abuse, addiction, differing values and other factors can make a marriage unsustainable.
People considering divorce often think of marital dissolution as a sign of personal failure. They may have a hard time coming to grips with the idea that divorce may be the best option for their family. Those who are familiar with divorce statistics may have less of an emotional response to the idea of divorcing. Data about divorce can help calm people's anxiety about the decision to file. The three divorce statistics below can help people understand that their circumstances are not particularly unusual, nor are they a sign of personal failure.
1. Divorce rates remain shockingly high
According to data gathered over the last 150 years, approximately 50% of all marriages eventually end in divorce. While the actual rate fluctuates from year to year, a long-term analysis of divorce rates shows that every other marriage typically ends in divorce. However, some people have more risk than others. Those who remarry after a divorce are more likely to divorce again. They face a roughly 60% divorce rate.
2. Smoking affects divorce risk
Researchers discovered that smoking increases divorce risk by roughly 50%. Divorce risk is slightly lower for couples where both partners smoke. In cases where only one spouse is a tobacco user, the chances of divorce are substantially higher.
3. Age influences divorce risk
Statistically, younger couples are more likely to divorce. Those who married before the age of 18 have a high risk of divorcing within 10 years, and those who married between the ages of 20 and 25 also have a higher-than-standard risk of divorce. On the other hand, divorce rates among couples who are over the age of 50 have increased substantially in recent decades. They have seen the sharpest increase in divorce out of any age group over the last two decades in particular. There's nothing wrong with recognizing that filing for divorce may be the healthiest path forward. Learning about divorce statistics and procedures can help people feel confident about a decision to end a marriage.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[What are your property division priorities?]]>https://www.doddlaw.com/?p=480862024-03-25T07:02:00Z2024-03-28T07:01:40ZWhen navigating the complexities of a high-asset divorce in Georgia, it’s important to have a solid understanding of your property division priorities. The division of marital assets is not just about equitable distribution but about making informed decisions that align with your future goals, financial security and personal values. As you embark on this challenging journey, it's essential to reflect on what truly matters to you. What are your property division priorities? And do you have the emotional resilience to keep them in mind when tensions escalate?
The importance of prioritization
In high-asset divorces, the stakes are high, and the asset pool in question is more complex than average, ranging from real estate and investment portfolios to business interests and personal collections. With such diversity in assets, having clearly defined priorities can help to better ensure that you focus on securing the assets that are most valuable to you, both in monetary terms and personal significance. If you’re not exactly sure how to prioritize the contents of your marital estate to your advantage, that’s okay. Start by contemplating the following:
Liquidity vs. Long-Term Investments: Consider the nature of the assets at play. Do you value immediate liquidity to support your lifestyle and new beginnings, or are you more inclined towards securing long-term investments that promise growth and stability?
Business Interests and Real Property: For entrepreneurs and business owners, the decision to retain or relinquish business interests may be of the utmost importance. If you own a company, the business's emotional value, its role in your identity and its financial contribution to your future must be weighed carefully. The same kinds of calculus can be applied to decisions involving real property of any kind.
Retirement and Investment Accounts: Working to ensure financial security in your later years is a consequential concern. Understanding the implications of dividing retirement accounts, pensions and investment portfolios is important for maintaining your lifestyle and financial independence post-divorce.
Clearly defined priorities can guide the negotiation process, making it more focused and efficient. They can help avoid contentious disputes over every asset, saving time, resources and emotional energy. As such, if you haven’t yet clearly defined your property division priorities, there’s no time like the present to make this effort. ]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[Who pays when a Georgia driver hurts a pedestrian?]]>https://www.doddlaw.com/?p=480802024-02-27T03:56:18Z2024-03-02T02:16:33ZThe driver might be liable
A significant percentage of pedestrian crashes are the fault of the driver, not the pedestrian. Drivers often fail to monitor their surroundings properly and could very easily miss a pedestrian in traffic. Even during daylight hours when someone crosses at a marked location, drivers may not notice them.
Distraction, intoxication and bigger vehicles have combined to drastically increase the number of pedestrian collisions and deaths in recent years. The number of pedestrian fatalities recently reached a 40-year high, and the trend shows no signs of reversing.
Usually, car insurance is the first form of protection available after a pedestrian crash. Unfortunately, the coverage required to legally drive in Georgia is quite low when one considers the consequences a wreck might have for a pedestrian. Often, pedestrians sustain such significant injuries that their only real option is to take legal action against the person who hit them.
Occasionally, there may even be an option of pursuing a lawsuit against a third party. Vehicle manufacturers and employers are among those who may have some liability for a recent pedestrian collision. Determining who is truly liable is an important part of seeking compensation. Injured pedestrians often need help reviewing the circumstances of their crash to determine what options they have available.
A successful personal injury lawsuit filed after someone gets hurt or a wrongful death lawsuit after a deadly pedestrian crash could provide appropriate compensation for the economic losses generated by a driver's distraction or negligence. Knowing who is liable for crash expenses may help empower people to seek compensation when a collision injures them or affects their families.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[What is constructive possession in a Georgia drug case?]]>https://www.doddlaw.com/?p=480782024-01-24T05:32:34Z2024-01-29T05:31:49ZWhat constitutes constructive possession?
For prosecutors to bring drug possession charges against someone based on a belief of constructive possession, the situation typically needs to meet two standards. First, there must be reason to believe that the defendant knew that the drugs were there. The second is that they controlled what happened to the drugs.
In scenarios where everyone present at the time of a search denies ownership of the drugs that police officers find, the state may pursue charges by trying to show that someone had constructive possession of the drugs. Constructive possession charges in a vehicle often fall to the owner or the person driving, for example, as the state could potentially convince the courts that the person who owned the vehicle should be the one most likely to hide items in the vehicle and be able to access them later.
Occasionally, multiple people with access to and control over the drugs could face the same charges if the state cannot determine who actually had control over the drugs.
How people can fight back
There are many different strategies that may work for those accused of constructive possession. They could potentially develop a defense strategy that identifies someone else as the owner of the drugs. A compelling claim that someone else was to blame could be the reasonable doubt necessary for someone to avoid a conviction during their Georgia drug trial.
Other times, a review of forensic evidence might help the defendant. There may not be any fingerprints or genetic materials on the drugs or their packaging that conclusively connect them to the drugs. Even the location where police officers found the drugs could play a role in someone's defense strategy. The more unusual and hard-to-access the location was, the more likely it is that someone could own a vehicle or live in a rental space and never discover the hidden items there.
Reviewing the evidence that the state has with the assistance of a skilled criminal defense lawyer can be a good starting point for those hoping to defend against Georgia drug charges.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[4 tips for co-parenting conflict resolution]]>https://www.doddlaw.com/?p=480772023-12-22T08:46:03Z2023-12-27T08:45:25Zconflict resolution in most co-parenting relationships.
Focus only on the children
The focus should always remain on the children. Thinking about how decisions about the children will impact either of the adults can lead to even more stress. If a parent is being inconvenienced to an unreasonable degree or their rights are being trampled on, it’s time to seek legal guidance, not to pick a fight.
Avoid living in the past
Living in the past can cause significant issues. For example, neither parent should become focused on what led to the end of the romantic relationship. Instead, focusing strictly on the co-parenting matters can help keep stress to a minimum.
Remain calm
Allowing emotions to rule when things get heated can make the situation devolve quickly. Staying calm is beneficial. One way to do this is to try to keep a professional attitude. This takes the emotion out of the matter so logic can rule. In some cases, such as when the other parent is narcissistic, keeping emotions out of these situations takes the power away from them since they thrive on evoking emotions.
Take a step back
Trying to push discussions when things are contentious can lead to both parties becoming more upset. Instead of doing this, it might be best to take a step back to take a look at the bigger picture. This may enable both parties to determine the most suitable way to resolve the matter in a way that’s best for the children.
When co-parents are working on the parenting plan, they can set conflict resolution methods. This document should also cover basic information about raising the children. Assigning decision-making responsibilities in the parenting plan can help to prevent issues in the future. Issues that can’t be resolved by the parents may inspire a need to seek legal guidance so that each party can better understand their rights and options.]]>On Behalf of Dodd & Burnham, Trial Lawyers<![CDATA[W. Michael Burnham II was recently granted Membership into the American Association of Premier DUI Attorneys]]>https://www.doddlaw.com/?p=480762023-12-11T05:38:11Z2023-12-11T05:34:10ZRead More...]]>