Arnold & Stafford, Attorneys at Law Arnold & Stafford, Attorneys at Law 2026-06-11T17:25:26Z https://www.coastallawyers.com/feed/atom/ WordPress On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[Can I refuse a Breathalyzer in Georgia?]]> https://www.coastallawyers.com/?p=50399 2026-03-09T21:24:46Z 2026-03-30T21:22:38Z Georgia's Implied Consent Law When you got your Georgia driver's license, you agreed to something called implied consent. Under Georgia law, operating a vehicle on public roads means you've already consented to a chemical test - breath, blood, or urine - if a law enforcement officer has probable cause to suspect you of DUI. An officer is required to read you Georgia's implied consent notice before requesting the test. That notice informs you of your right to refuse and the consequences of doing so.

What Happens If You Refuse?

Refusing a breathalyzer in Georgia triggers an automatic license suspension - one year for a first offense. This suspension is separate from any criminal DUI case and is handled through an administrative process with the Georgia Department of Driver Services. You have only 30 days from the date of your arrest to request an administrative hearing to challenge the suspension. Miss that window and the suspension becomes automatic.

Does Refusal Help Your Criminal Case?

Sometimes people refuse thinking it will make it harder to prosecute them. It can, but it's not a clean win. Georgia prosecutors can and often do use your refusal as evidence against you in court, arguing it suggests consciousness of guilt. A jury is allowed to hear that you refused. Additionally, if an officer obtains a warrant, they can require a blood draw regardless of your refusal.

So Should You Refuse?

That depends on factors specific to your situation; how much you've had to drink, whether you have prior DUI convictions, and other circumstances an attorney can help you evaluate. What's clear is that there's no consequence-free choice once you've been pulled over on suspicion of DUI. At [nap_names id="FIRM-NAME-1"], we handle DUI cases throughout Georgia and understand how refusal affects both the administrative and criminal sides of your case. If you've been charged with DUI - whether you took the test or refused it - contact us today for a confidential consultation.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[How does deployment affect child custody agreements?]]> https://www.coastallawyers.com/?p=50398 2026-03-09T20:50:48Z 2026-03-19T20:39:01Z Your Existing Custody Order Doesn't Disappear When You Deploy A deployment doesn't automatically suspend or terminate your custody rights. Your court-ordered custody arrangement remains in effect - but as a practical matter, you may be unable to exercise your parenting time while overseas. That gap needs to be addressed proactively, ideally before you leave. Failing to plan for deployment can lead to informal arrangements that become difficult to undo, disagreements about custody when you return, and in some cases, attempts by the other parent to use your absence as grounds to modify the permanent custody order.

The Servicemembers Civil Relief Act Offers Some Protection

The Servicemembers Civil Relief Act (SCRA) allows service members to request a stay - a temporary pause - of custody proceedings if military service materially affects their ability to participate. This can be valuable if the other parent files for a custody modification while you're deployed. A stay won't resolve the issue permanently, but it can prevent a court from making significant decisions about your child's custody without you present or represented.

Georgia Law and Temporary Custody Modifications

Georgia courts can approve temporary custody modifications that go into effect during a deployment and automatically revert when the service member returns - without treating the deployment itself as a permanent change in circumstances. Under Georgia law, a parent's absence due to military service generally cannot be used as the sole basis for a permanent modification of custody.

What Happens to Your Parenting Time While You're Gone?

Many families handle deployment through a temporary parenting agreement that designates who will care for the child in the service member's absence. This might involve delegating parenting time to a family member, maintaining contact through virtual visitation, or establishing clear terms for how decisions will be made during your absence. If you and your co-parent can agree on these terms, put it in writing and, when possible, have it approved by the court. Informal agreements carry no legal weight if a dispute arises later.

Can the Other Parent Seek a Permanent Custody Change While You're Deployed?

This is one of the most common concerns service members have - and a legitimate one. While Georgia law provides some protections, the other parent can still file for a modification while you're gone. If you're facing deployment and have reason to believe the other parent may seek a custody change, take action before you leave: request a stay under the SCRA, designate legal representation to act on your behalf, and ensure your current custody order is clearly documented.

Before You Deploy: Steps Worth Taking

  • Review your existing custody order with an attorney before deployment
  • Draft a temporary parenting plan that covers your absence
  • Establish a virtual visitation schedule to stay connected to your child
  • Document your role as an active, engaged parent

When You Return: Resuming Your Custody Rights

Returning from deployment doesn't always mean a smooth transition back into your prior arrangement. If you encounter resistance when trying to resume your custody rights, you have legal recourse, and the fact that your absence was due to military service, not choice, matters in the eyes of the court. At [nap_names id="FIRM-NAME-1"], we work with service members and military families navigating the intersection of deployment and family law. Contact us today to schedule a confidential consultation.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[What happen if I get a DUI on a military base?]]> https://www.coastallawyers.com/?p=50396 2026-03-09T20:54:16Z 2026-03-09T20:29:54Z Military Bases Have Their Own Jurisdiction And Their Own Rules When you drive onto a federal military installation, you've entered federal property. That changes who has authority to stop you, arrest you, and prosecute you. Military Police (MPs) or civilian law enforcement officers employed by the installation typically handle traffic stops on base. If you're stopped and suspected of DUI, you can be arrested and charged under the Uniform Code of Military Justice (UCMJ) - even if you're not on active duty - or under applicable federal law. For active duty service members, a DUI on base is typically prosecuted under Article 111 of the UCMJ, which covers drunken or reckless operation of a vehicle. The commanding officer has significant discretion in how the case proceeds.

Can You Face Both Military and Civilian Charges?

Potentially, yes. The Double Jeopardy Clause of the Constitution protects individuals from being prosecuted twice for the same offense by the same sovereign — but the military and a state government are considered separate sovereigns. In practice, if you're arrested for DUI on a military installation that sits within Georgia, state authorities may also choose to pursue charges. More commonly, however, the case is handled exclusively within the military justice system — but that doesn't mean the state consequences disappear entirely. Your Georgia driver's license, for example, can still be suspended based on the incident.

What Are the Penalties Under the UCMJ?

A conviction under Article 111 can result in:
  • Reduction in rank
  • Forfeiture of pay
  • Restriction to base
  • Mandatory substance abuse treatment
  • Confinement (in more serious cases)
  • A bad conduct or dishonorable discharge
Even outcomes that seem "minor" - like non-judicial punishment (NJP) under Article 15 - carry consequences that can follow you for the rest of your military career. An NJP can block promotions, affect duty assignments, and still appear in your service record.

What About Your Security Clearance?

This is where a DUI can become career-ending, even for a first offense. Security clearances are evaluated under the Adjudicative Guidelines, and alcohol-related incidents - especially ones that result in an arrest or conviction - are taken seriously. Adjudicators look at things like:
  • Whether this is a single incident or part of a pattern
  • Whether you sought treatment or counseling voluntarily
  • How recent the incident was
  • Whether you were honest and forthcoming about it on your SF-86
A single DUI doesn't automatically cost you your clearance, but it creates a flag that needs to be addressed carefully — both in how you handle the legal case and how you respond in the clearance process. Misrepresenting or omitting the incident on security forms is often treated as more serious than the DUI itself.

What If You're a Civilian Who Gets a DUI on Base?

Civilians, including contractors, military family members, and visitors, are not subject to the UCMJ, but they are subject to federal law when on a federal installation. A civilian DUI on base is typically prosecuted in federal magistrate court under the Assimilative Crimes Act, which incorporates the DUI laws of the surrounding state (in this case, Georgia) into federal law. This means you can face fines, a federal conviction on your record, and loss of base access privileges. Federal convictions carry distinct consequences separate from a state DUI, including potential effects on federal employment, federal firearms eligibility, and professional licensing.

What Should You Do If You've Been Charged?

The overlap between military law, federal law, and state law makes DUI cases on military bases unusually complex. The stakes - your rank, your clearance, your career, your freedom - are too high to navigate without experienced legal representation. A few things to keep in mind immediately after an incident:
  • Don't make statements without speaking to an attorney first. Anything you say to MPs or civilian base police can be used against you.
  • Contact your chain of command carefully. You may be required to self-report depending on your unit's policies — but how and when you do this matters.
  • Understand your rights under Article 31 of the UCMJ. This is the military equivalent of Miranda rights and applies to any questioning by military personnel in connection with a suspected offense.
  • Act quickly. There are deadlines and procedural steps that move fast in the military justice system.
At [nap_names id="FIRM-NAME-1"], we represent both active duty service members and civilians in DUI cases involving military installations. We understand the intersection of military law, federal jurisdiction, and Georgia state law — and we know how much is at stake when all three come into play at once. If you or someone you know has been charged with a DUI on or near a military base, contact us today for a confidential consultation.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[What are medical “never” events?]]> https://www.coastallawyers.com/?p=50294 2025-04-21T05:29:04Z 2025-04-24T05:28:51Z ‘Never events’ is a term that should be common knowledge to all those who work in hospitals. Yet many patients and their families will not have heard of these. The concept is simple - some errors should never -- ever -- happen in a hospital (or any other medical setting). The consquences if they occur are too great, and avoiding them is not all that difficult. Sadly the reason the term exists is that these errors do still happen. 

What sort of things do they refer to?

The National Quality Forum came up with the term and maintains an accompanying list of errors it considers to be never events.The current list details 29 types of error that can be grouped into seven categories. These errors are typically rare, but that’s no excuse for hospitals to forget about them. The few times they do occur, the patient is likely to suffer massively. Examples include patients being sexually abused while in the hospital, a surgeon amputating the wrong limb, someone being artificially inseminated with the wrong sperm or egg and a newborn dying or suffering serious injury during a low-risk pregnancy.

Transparency is key to avoiding never events

One of the things hospitals must do is educate staff and implement systems to catch these errors before they occur. Another is making staff feel confident that they can report near misses and incidents without fear or reprisal. If mistakes are swept under the carpet through fear, then opportunities to close safety gaps may be missed and a never event may eventually occur. If you or a loved one has been affected by a "never" event and medical negligence, it’s important to know that you may be able to pursue compensation, but you may need help to do it.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[What types of patients have increased risk of diagnostic errors?]]> https://www.coastallawyers.com/?p=50291 2025-04-14T06:33:35Z 2025-04-17T06:33:04Z Implicit bias affects medical care Everyone has a degree of internal bias toward other people. Media messaging, stereotypes and prior personal experience can all influence how individuals treat other people with certain characteristics. Research into diagnostic errors shows that two groups of people tend to face more risk of diagnostic mistakes. Women often have to deal with doctors ignoring or questioning their self-reported symptoms. Internal bias can also affect how doctors interact with people of different races. White males tend to receive the best diagnostic outcomes. Women and people of other racial groups experience an increased rate of diagnostic errors. Some research indicates that people may be as much as 30% more likely to experience diagnostic errors because of their sex or race. When doctors don't follow best practices, their patients may have poor outcomes. Failing to diagnose a patient due to characteristics that are outside of their control is a violation of the duty owed to patients seeking medical care. Patients who do not receive an appropriate diagnosis and grieving families who have lost a loved one may have grounds for a medical malpractice lawsuit. Recognizing that some people are at elevated risk might inspire patients or their families to speak up about a recent diagnostic mistake.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[3 types of wrong-site surgery]]> https://www.coastallawyers.com/?p=50290 2025-04-02T10:04:35Z 2025-04-07T10:03:59Z Wrong-site surgery is one of the most serious types of medical malpractice. In the medical world, it’s referred to as a never event. This doesn’t mean that it can’t happen, but simply that it never should. If it does, something has gone very wrong. It’s important for patients and their families to know what issues to look for. To that end, it’s helpful to consider that there are three different types of wrong-site surgery.

1. The wrong side of the body

To begin with, a very common error is operating on the wrong side of someone’s body. Perhaps someone needs surgery on their left wrist, but the surgeon accidentally carries the procedure out on their right wrist. This could be a significant error because the person doesn’t get the treatment they need and could suffer unintended injuries.

2. Carrying out the wrong procedure

Another issue is when the surgeon performs the wrong surgery entirely. The patient doesn’t get the procedure they expected, and their actual ailment isn’t treated, even if the surgery is carried out on the correct side of the body or the correct body part.

3. Operating on the wrong patient

Finally, this issue sometimes comes up when a surgeon operates on the wrong person. Maybe two patients have similar names, but one is in for back surgery and the other is in for knee surgery. The medical records get mixed up, and the surgeon performs back surgery on someone who was only expecting to have surgery on their knee. These are dire mistakes that can have life-altering ramifications. Those who have suffered harm must know what legal options they have.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[Can active-duty servicemembers pursue medical malpractice claims?]]> https://www.coastallawyers.com/?p=50289 2025-03-17T06:54:34Z 2025-03-20T06:53:58Z What changed? Widespread issues with the standard of care at medical facilities providing support for servicemembers and veterans prompted members of Congress to address the issue. In 2020, the National Defense Authorization Act (NDAA), a critical annual budgetary piece of legislation, included provisions addressing military medical malpractice. Since the implementation of the 2020 NDAA, servicemembers have had the legal right to file malpractice lawsuits for military health care issues. They can seek compensation for economic harm caused by poor care.

What constitutes malpractice?

Medical malpractice can differ vastly from one case to the next. It might entail negligent prescribing habits where doctors don't review a patient's history or current medications. Surgical errors can also lead to claims of malpractice. Negligence, possibly due to burnout or understaffing at medical facilities, can also lead to claims of malpractice. If a health care provider did not conform to current best practices given the type of medicine they practice, their actions may constitute malpractice. Reviewing medical records with a skilled legal team can help military servicemembers determine whether they have experienced actionable military medical malpractice. Servicemembers harmed by poor medical standards can potentially seek relief to support themselves and their families.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[Preparing financially before filing for divorce]]> https://www.coastallawyers.com/?p=50288 2025-03-11T04:56:05Z 2025-03-14T04:55:47Z Divorce is not just an emotional process—it is also a significant legal and financial transition. If you and your spouse are going your separate ways, preparing in advance can help to better ensure your financial stability and protect your interests as your life circumstances evolve dramatically.  For starters, one of the most important steps you can take when preparing for divorce involves gathering important financial documents. Organize records for all income sources, bank accounts, retirement accounts, investments, real estate holdings, debts and other financial assets. Key documents to collect include:
  • Tax returns (at least the last three years)
  • Bank statements
  • Pay stubs and proof of income
  • Credit card statements
  • Mortgage and loan documents
  • Retirement and investment account statements
  • Insurance policies
Why make all of this effort? Having these documents readily available will help when it comes to asset division, child support calculations and alimony discussions.

What else?

You’re also going to need to draft a working budget. Assess your current expenses and determine how they may change once you and your spouse are living separately. Consider costs such as rent or mortgage payments, utility bills, groceries, insurance and childcare. Having a clear picture of your financial needs will help you plan for life after divorce. With all of this said, it may be tempting to make significant financial moves before filing for divorce, such as selling property, withdrawing large sums from accounts or changing beneficiaries on policies. However, such actions can raise legal concerns and may negatively impact divorce proceedings. For this and many other reasons, it is also going to be wise to seek personalized legal guidance as soon as you possibly can. That way, you can avoid missteps that might otherwise hinder your success down the road.   ]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[What does it mean to get probation for a criminal conviction?]]> https://www.coastallawyers.com/?p=50287 2025-02-21T05:32:35Z 2025-02-26T05:32:06Z People who are facing criminal charges may hear probation being included in the possible sentencing options. The court could order this as part of a plea deal or after a conviction. While probation allows the person to remain out in the general public instead of being placed in jail or prison, it comes with considerable terms that must be followed.  It’s critical that anyone who’s sentenced to probation understands the terms they must follow. This can help them to ensure compliance and avoid potential legal issues stemming from probation violations. 

Strict monitoring by a probation officer

Individuals on probation are usually assigned a probation officer who monitors their progress and verifies that they’re remaining in compliance with specific conditions. These conditions may include regular check-ins, drug testing, community service, maintaining employment or attending counseling programs. The level of supervision depends on the severity of the offense and the terms set by the court. 

Violations can lead to legal trouble

Failing to comply with probation terms can result in serious consequences. Common violations include missing appointments, failing drug tests or committing new offenses. Depending on the severity of the violation, consequences may range from warnings to additional restrictions, extended probation or even incarceration. In some cases, a probation revocation hearing may be held, where the court determines whether to impose a stricter penalty. Being placed on probation is only one possible sentence for a plea deal or conviction. Any individual who’s facing criminal charges should ensure they fully understand their defense strategy options so they can present a defense in their best interests, which may be easier if they work with someone familiar with these matters.]]> On Behalf of Arnold & Stafford, Attorneys at Law <![CDATA[Do courts usually favor one parent in custody cases?]]> https://www.coastallawyers.com/?p=50285 2025-02-06T05:44:54Z 2025-02-11T05:44:20Z State laws are intentionally neutral Concerned parents need only review state custody statutes to realize that they have equal rights under the law. Custody statutes make it clear that the main consideration should always be what is in the best interests of the children. The courts should not operate with the presumption that either parent deserves more parenting time or parental authority than the other. Neither mothers nor fathers receive preferential treatment under state law. Judges instead have to learn about family circumstances and try to determine what is best for the children based on their understanding of the situation. Judges have the authority to award sole or joint custody. They distribute both legal custody or decision-making authority and physical custody or parenting time. In many cases, the best custody outcome involves joint custody where parents share time with and authority over their children. A parent seeking sole custody usually needs strong evidence supporting their claim that the other parent could neglect or abuse the children. Barring unsafe or unstable circumstances, judges typically prefer to see parents working together rather than fighting against one another when they have children together. Learning more about how the family courts handle custody cases may help parents make the right decisions about an upcoming custody battle. Neither parent should receive special consideration from the courts, which means that both parents have the same basic rights under state law.]]>