In this episode of Channeling Atticus, Matt Green breaks down what to do if you're pulled over for suspicion of DUI, specifically, whether or not you should take a breathalyzer test. Matt explains the key differences between the roadside portable breath test (PBT), which isn't admissible in court, and the official Draeger or Intoximeter test at the station, which can be used against you. He clears up common misconceptions about license suspensions, emphasizing that only refusing the station test, not the PBT, triggers penalties in Alabama. Matt's golden rule is never to argue your case roadside, stay polite, and ask to speak to an attorney. He urges you to act fast after an arrest, as you only have 10 days to appeal a license suspension. The episode's takeaway? Knowing your rights and acting wisely can make a huge difference.

3 Key Listener Takeaways

1. Know The Breath Test Difference: Matt breaks down the crucial distinction between the roadside portable breath test (PBT) and the official evidentiary breathalyzer at the police station (Draeger or Intoximeter DMT). Spoiler: only the station test results can be used against you in court, but both impact your case in different ways.

2. Refusing Isn't One-Size-Fits-All: Refusing the roadside PBT won't cost you your license in Alabama, but refusing the official breath test at the station can—and you only have 10 days to appeal that suspension. The bottom line? Your choices at each stage really matter.

3. Lawyer Up, Don't Duke It Out: When in doubt, ask for an attorney right away and keep conversations on the roadside to a minimum. Matt's golden rule: you can't win a legal argument at your car window, but you can help your defense by staying calm and getting legal advice fast.

Thanks for tuning in to Channeling Atticus! If you found this episode helpful, don't forget to subscribe and share it with a friend—because you never know when someone might need a little legal guidance. For more straightforward advice on real-world legal issues, keep listening to Channeling Atticus for future episodes.

And remember, if you face a DUI or any other legal challenge, don't wait, reach out to Matt Green at the Law Office of Matt Green in Mobile, Alabama. You can visit http://mattgreen.lawyer or call (251) 434-8500 for a free DUI consultation and professional advice tailored to your situation. Stay safe, make good choices, and remember, knowledge is power!

In this episode, host Matt Green sits with Washington Post columnist, award-winning investigative reporter, and author Radley Balko, to discuss his co-authored book The Cadaver King And The Country Dentist. This story is “a shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent lives.” So, tune in to this episode as Matt and Radley recount the haunting details of how two ‘experts’ in science and medicine built their successes on the backs of multiple false murder convictions that would forever change lives, furthering scrutiny over Mississippi’s criminal justice system.

Buy Radley Balko's Book
The Cadaver King And The Country Dentist

Need A Consultation with Matt Green?

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This podcast is sponsored by The Law Office of Matt Green and produced by Johnny Gwin at Deep Fried Studios located in Mobile, Alabama.

These are the times that try men's souls. It's incredible what we've seen in the last few weeks concerning law enforcement and its effect on everyday life here in America. One of the centerpieces of most police reform efforts is abolishing a doctrine known as Qualified Immunity. The doctrine of qualified immunity is a judicially created immunity shield that shields law enforcement, and government actors from wrongdoing. The victim of a government action in these types of cases has to prove that the government actor or officer violated a constitutional right and that that right was clearly established. While this sounds relatively easy to prove, it's almost impossible under the current standards created by our courts. 

On this episode, Matt Green talks Qualified Immunity with the Vice President of the Criminal Justice Division at the Cato Institute, Clark Neily. Clark has been a longtime proponent of reform and abolishment of qualified immunity. He joins us today to discuss the history of qualified immunity, where it came from, and what the future may hold.

Resources:

Clark Neily    |  @ConLawWarrior 

End Qualified Immunity

Need A Consultation with Matt Green?

Click here to schedule an appointment with Matt or call The Law Office of Matt Green at 251-434-8500.

If you haven't already, please rate and review us on the Apple Podcast App or anywhere else you get your favorite podcasts. It's an important way to help new listeners find the Channeling Atticus Podcast.

Stay connected with us: Twitter and Facebook

This podcast is sponsored by The Law Office of Matt Green and produced by Johnny Gwin at Deep Fried Studios located in Mobile, Alabama.

Before God, I am innocent of the crime for which I'm about to die, Sir! I am innocent. I'm innocent. What can I do when I'm buried? An Oak tree with a hundred roots will grow out of my grave to prove my innocence.

This was the dying declaration of Charles RS Boyington. Perhaps Mobile, Alabama's most notorious convicted the defendant of capital murder, the May 10th, 1834 killing of Nathaniel Frost in the Church Street Cemetery in Mobile, Alabama. It's perhaps the most heinous and memorable crime in Mobile's history. Most heinous not necessarily for the brutality and depravity of the murder, but for the nagging question burned into every Mobilian psyche who has ever heard the story. Did Charles Boyington murder his friend, Nathaniel Frost? Was he innocent? Contemporary accounts leave no doubt as to Boyington guilt, but over the last 150 years, new facts have come to light, and more importantly, new witnesses have come forward. Today the case stands as a testament to the dangers of capital punishment predicated solely upon circumstantial evidence. There were no witnesses presented at trial to the crime, and Boyington maintained his innocence until his dying breath.

Boyington Oak: A Grave Injustice >>> Buy Here

On this episode, host Matt Green talks with Mary Palmer, author of a fascinating new book Boyington Oak: A Grave Injustice, about this case, and is spearheading an effort to have Boyington posthumously pardoned. Mary tells us some more details about this famous case, and it's defendant Charles Boyington.

{Editors Note: 2 corrections in the Boyington story. The printing company is Pollard and Dade not Dade and Pollard. Also, Florence White's deathbed confession was 60 years (not 30) after the crime in 1894. It was said that she produced the watch on her deathbed.}

Need A Consultation with Matt Green?

Click here to schedule an appointment with Matt or call The Law Office of Matt Green at 251-434-8500.

If you haven't already, please rate and review us on the Apple Podcast App or anywhere else you get your favorite podcasts. It's an important way to help new listeners find the Channeling Atticus Podcast.

Stay connected with us: Twitter and Facebook

This podcast is sponsored by The Law Office of Matt Green and produced by Johnny Gwin at Deep Fried Studios located in Mobile, Alabama.

Attorney Matt Green and host Johnny Gwin talk about how one State's Supreme Court has finally drawn a line in the sand with these pandemic Government stay-at-home orders. The Wisconsin example may be the direction many more States will be heading.

Resources:

Wisconsin Supreme Court strikes down Wisconsin's stay-at-home order that closed businesses to limit spread of coronavirus  |  jsoline.com

Wisconsin Supreme Court strikes down state's stay-at-home order  |  CNN

Need A Consultation with Matt Green?

Click here to schedule an appointment with Matt or call The Law Office of Matt Green at 251-434-8500.

If you haven't already, please rate and review us on the Apple Podcast App or anywhere else you get your favorite podcasts. It's an important way to help new listeners find the Channeling Atticus Podcast.

Stay connected with us: Twitter and Facebook

This podcast is sponsored by The Law Office of Matt Green and produced by Johnny Gwin at Deep Fried Studios located in Mobile, Alabama.

Many may not recognize the name Meredith Baxley, but they do recognize her as the scooter girl who was often seen around town on her electric scooter. Few know the story of how Meredith ended up in a scooter, and perhaps even fewer know the tragic final chapter in her story. In this episode, Matt Green interviews Christine Frohock, Meredith's mother, about the life, accident, and tragic death of her daughter. Plus, Matt concludes the show with information on how Meredith and her family found some justice.

Resources:

Not Again! The Meredith Baxley Tragedy | Matt Green Law Blog

Man found guilty of murder in death of Mobile woman | FOX10

Mobile man found guilty of murder for DUI crash that killed a woman | WKRG

Need A Consultation with Matt Green?

Click here to schedule an appointment with Matt or call the Law Offices of Matt Green at 251-434-8500.

If you haven't already, please rate and review us on the Apple Podcast App or anywhere else you get your favorite podcasts. It's an important way to help new listeners find the Channeling Atticus Podcast.

Stay connected with us: Twitter and Facebook

This podcast is sponsored by The Law Office of Matt Green and produced by Johnny Gwin at Deep Fried Studios located in Mobile, Alabama.

Civil forfeiture laws allow federal, State, and local police departments to seize cash, cars, homes, and property that are suspected of being involved in criminal activity. And here is the crazy thing, the property owner doesn't have to be charged with, let alone convicted of, a crime to permanently lose this property. Alabama's civil forfeiture laws are some of the worst in the nation. In this episode, Matt Green breaks down the ins and outs of this judicial and government overreach. Plus, Matt shares some real-life cases fighting this injustice and offers some suggestions on how the State should balance the scales of justice of this controversial issue.

Need A Consultation with Matt Green?
Click here to schedule an appointment with Matt or call the Law Offices of Matt Green at 251-434-8500.

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If you haven't already, please rate and review us on the Apple Podcast App or anywhere else you get your favorite podcasts. It's an important way to help new listeners find the Channeling Atticus Podcast.

Stay connected with us: twitter and Facebook

This podcast is sponsored by The Law Office of Matt Green and produced by Johnny Gwin at Deep Fried Studios located in Mobile, Alabama.