Wednesday, April 1, 2009
News Profile: Tom Thomas: DUI Lawyer
Posted by Andy Nelson on Wed, Apr 1, 2009 at 9:32 PM
Tom Thomas is a partner with the HTW&W, the largest criminal defense firm in Georgia. He specializes in DUI law and is known for the personalized attention he gives his clients. He argues that the methods used to measure BAC levels are not an exact science, and he is constantly trying to keep up with new legislature, defense strategy and technology.
What is a common misconception people have about your clients?
That they are strictly alcoholics and degenerates. They are actually very run-of-the-mill people. They come from different backgrounds and all ethnic groups are represented. Lawyers, doctors, accountants and people from all over the place. They are not your stereotypical criminals.
What’s one thing people should know about their rights during a traffic stop?
You don’t have to discuss where you’ve been or what you’ve done, or give any other information other than your name and license number and other identification. You don’t have to explain anything else, but people always launch into an explanation of why they were speeding or why they were swerving. If they want to check your license to make sure you’re not wanted anywhere, that’s fine, but you certainly don’t need to give any other information. You can respectfully decline.
What are some other common mistakes your clients make during a traffic stop?
Trying to do the field sobriety evaluations. I don’t know anyone who’s good at standing on one leg at two in the morning, whether you’ve had one beer or ten beers. It’s rare that anyone is going to be able to do those things to the officer’s satisfaction. People end up thinking that they’re going to be okay and they’re not.
Another mistake people make is not challenging the breath test. If you don’t feel that the test was accurate, you have the right to ask to be taken to a hospital and get blood drawn. This test is more accurate, but it costs about $200 and they usually ask for cash. You can also challenge the reading of [the breathalyzer] by asking an expert to evaluate it if you think it’s too high. Unless you challenge the breath test, it is assumed to be accurate.
Five percent is the acceptable margin of error in the scientific community, and there’re reasons for that. Human bodies are just so variable. If it says you’re an .09, you might be an .07. It’s just a ballpark estimate and it’s very debatable.
Do you handle anything else besides DUI law?
I handle sex, drugs and rock n roll. Anything where you are your own victim, or your family and friends are your victims. In some cases, [my clients] have broken into cars, and I even represented someone who stole diapers! Sometimes, they are trying to support their families but they just end up victimizing themselves. I’ll help them in any way I can, but DUI law is my specialty.
Do your clients have to meet a certain standard before you agree to represent them?
I actually will help anyone who’s in trouble. I try to explain the human side of it to the prosecutors and see if there’s any circumventing information or something else we can do.
If you have a problem, I will try to get you into a program to get you dried out. I feel like it’s my responsibility to represent anybody who’s in trouble. It’s just the nature of the business.
Have you ever had to represent a client more than once, or do you have any repeat clients?
Unfortunately, yes. I try to steer people in the right direction as much as I can, but if it happens again and again I’ll sit down and talk to them and maybe recommend some counseling. I can plead a case for you a couple of times, but we may have to recommend some lifestyle changes. Sometimes it’s just a social problem. We do everything we can to get people back on the straight and narrow.
What’s one thing you hope your clients walk away with?
An appreciation for how close they came to a really serious life changing experience. I always tell them the story of a guy I represented who was charged with homicide by vehicle. I just tell them to be extremely careful because if you hit somebody and you seriously injure them or kill them, it’s going to change your life. It can happen overnight. There’s a huge difference between one drink and three drinks so you can never be too careful. You need to seriously think about what you’re doing. Even if they’re acquitted, or it turns out that they weren’t over the limit, we hope that they understand how close they were.
(Photo by Joeff Davis)
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