Cox Byington Twyman LLP Cox Byington Twyman LLP 2026-08-12T07:05:09Z https://www.cox-byington.com/feed/atom/ WordPress /wp-content/uploads/sites/1104786/2024/03/cropped-CBT_SITEICON_512x512_MAR24-32x32.jpg On Behalf of Cox Byington Twyman LLP <![CDATA[Can you refuse a field sobriety test in Georgia?]]> https://www.cox-byington.com/?p=217185 2026-08-07T07:17:38Z 2026-08-12T07:05:09Z Understanding field sobriety tests in Georgia Field sobriety tests are physical and mental exercises that officers use to look for signs of impairment. Officers often ask drivers to walk in a straight line, stand on one leg or follow an object with their eyes. These roadside tests differ from chemical tests, such as breath, blood or urine tests. Georgia generally treats these tests as voluntary. You can refuse to perform them without facing criminal penalties for that decision alone. Unlike chemical tests, roadside tests do not fall under Georgia's implied consent law.

What happens if you refuse?

Although you can refuse roadside tests, officers may view that decision as suspicious. They may decide to make an arrest based on other observations, such as the smell of alcohol, slurred speech or unsafe driving. Declining to take part in a field sobriety test does not have the same legal consequences as refusing a chemical test. However, prosecutors may still try to use the surrounding circumstances during court proceedings. The officer's observations and testimony may also become part of the evidence.

Chemical tests versus field sobriety tests

Field sobriety tests usually take place before an arrest and help officers determine whether they have probable cause to make an arrest. Chemical tests typically occur after an arrest. Georgia's implied consent law provides that anyone who drives on Georgia roads is considered to have consented to chemical testing after a lawful DUI arrest when an officer has grounds to believe the driver is under the influence. Refusing a breath, blood or urine test after arrest may result in a one-year license suspension under the implied consent law. However, under the Georgia Constitution, prosecutors generally cannot use a driver's refusal to submit to a chemical breath test or roadside field sobriety tests as evidence of guilt in a criminal trial. Knowing the difference between roadside tests and chemical tests can help you make informed decisions during a traffic stop.

Weighing your options during a traffic stop

Many factors can affect your performance during roadside tests. Nervousness, medical conditions, uneven pavement and physical limitations may all influence the results. Some drivers choose to politely decline because these tests can be affected by factors unrelated to alcohol or drug use.

Know your rights and responsibilities

Knowing your rights during a DUI stop in Georgia can help you respond calmly and make informed decisions. Although you may refuse roadside tests without criminal penalties, officers may still decide to arrest you based on other evidence. Chemical tests follow different rules and carry more serious consequences under Georgia's implied consent law. Remain polite and calm during any interaction with law enforcement while understanding what you are and are not required to do. Knowing these differences can help you better understand your options during a traffic stop.  ]]> On Behalf of Cox Byington Twyman LLP <![CDATA[What documents should you keep with your estate plan?]]> https://www.cox-byington.com/?p=217182 2026-07-02T15:37:40Z 2026-07-02T15:37:40Z Your core estate planning documents Your first priority is to store the paperwork that forms your estate plan in one secure location. Having everything in one place makes it easier for the people you trust to find your instructions when they need them. Your estate plan may include:
  • Your will
  • Any trust agreements
  • Financial and medical powers of attorney
  • Your advance health care directive or living will
Because these records work together, storing them in different places could make it harder for your executor or trusted representative to understand your wishes and carry them out.

Asset and beneficiary records

Include documents that show what you own and who should receive certain assets. These records give your executor or trustee a clearer understanding of your estate, making it easier to identify what you own and how they should handle those assets. Depending on your situation, you may want to keep:
  • Property deeds and vehicle titles
  • Beneficiary designation confirmations for life insurance and retirement accounts
  • A current list of your major bank accounts, investments and other significant assets
Review these records from time to time so they reflect major life events, such as buying a home, getting married or welcoming a child.

Important personal and contact information

Keep key personal information with your estate plan so your representative knows where to begin. A little preparation now can save your loved ones time and uncertainty later. Consider including:
  • Contact information for your executor, trustee or attorney
  • Marriage, divorce, birth or adoption records if they relate to your plan
  • A list of where you stored your original estate planning papers and other important records
If you have online accounts, store instructions for accessing them separately in a secure location instead of writing down passwords with the rest of your estate planning materials. Many online services also offer features that let you designate a trusted person to access your account if needed.

Keep your estate plan ready when it matters most

An organized estate plan is easier for your loved ones to use when they need it most. As your life changes, take time to replace outdated paperwork and add new records so everything stays accurate and complete. If you are unsure whether it still reflects your wishes or includes everything you need, seeking legal guidance can help you review your documents and make the necessary updates.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How should an owner approach voluntary dissolution?]]> https://www.cox-byington.com/?p=217163 2026-06-19T06:56:53Z 2026-06-19T06:56:53Z Approval from the owners Authority to dissolve starts inside the company. For a corporation that has issued shares, the board of directors first adopts a resolution recommending dissolution, then submits that proposal to the shareholders for a vote. The shareholders entitled to vote must approve the proposal, and the law allows them to attach conditions to how they submit the matter. A Limited Liability Company (LLC) follows a parallel route. Members vote to dissolve under state law, and members generally record that consent in writing to reflect their unanimous agreement.

Filing with the state

Once you authorize the decision, the company turns to the Georgia Secretary of State. A corporation that has commenced business delivers a notice of intent to dissolve, which formally signals the start of the closure process. Filing that notice does not end the company immediately. The corporation continues to exist for the limited purpose of winding up its affairs—specifically, collecting assets and resolving outstanding debt. Timing and good standing both come into play, as your entity must stay current on its annual registration before these filings can move forward. An LLC reaches the same destination by a shorter route, filing a certificate of termination once it addresses its final liabilities. After the corporation pays or sets aside funds for known debts, it completes the process by filing articles of dissolution. While this ends its general business operations, the corporate entity legally survives for five years solely to address any remaining legal cases.

Notice to the creditors

Winding up centers on the company's obligations. This phase involves collecting the remaining assets, paying or providing for what the business owes and distributing any surplus to the owners in order of priority. Georgia law provides a structured path to address creditors. A corporation may dispose of known claims by sending written notice to each known claimant, and an LLC may follow a comparable notice procedure. For claims that have not yet surfaced, a corporation or an LLC may publish notice and limit the window in which late cases remain valid. Following these procedures narrows the period during which unexpected demands can arise against the business and, in some cases, against its owners.

Clearance through the tax authorities

A clean exit also runs through the tax authorities. On the state side, you file a final return with the Department of Revenue and close the sales and use tax and withholding accounts tied to the business. At the federal level, you file a final return, report final wages and employment taxes and ask the Internal Revenue Service to close the account tied to your employer identification number. The agency will not close that account until the required returns are filed and the balance is paid. Approaching dissolution in this order gives you something practical, a defined end point rather than an entity that lingers on the state's records and keeps generating obligations. Each layer of approval, filing, notice and tax clearance closes off a different source of future risk.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[5 mistakes to avoid when buying a home in Georgia]]> https://www.cox-byington.com/?p=217033 2026-05-25T10:20:30Z 2026-05-25T10:20:30Z Buying a home is one of the largest financial decisions you will ever make. In Georgia's competitive market, a single misstep can cost you thousands or eliminate the home entirely.

Skip the pre-approval and lose the house

Sellers in Georgia's active markets rarely consider offers from buyers without mortgage pre-approval. Pre-approval tells you what you can afford and signals to sellers that you are serious. Getting pre-approved before you tour a single home keeps your search realistic. Georgia also offers help you may not know about. The Georgia Dream Homeownership Program provides down payment assistance and affordable loan options for eligible first-time buyers. Check your eligibility with an approved lender before you start searching.

Overlook Georgia-specific costs

The purchase price is only part of what you will pay. Georgia buyers face several costs that catch people off guard:
  • Property taxes: Rates vary significantly by county and affect your monthly escrow payment
  • HOA fees: Many Georgia suburbs require mandatory monthly or annual fees with strict rules
  • Septic inspection: Properties outside main sewer lines often have septic systems that need a licensed inspector
  • Pest report: Georgia's climate makes termite damage common; a Wood Infestation Report under O.C.G.A. § 8-2-35 is standard before closing
Ask the seller for utility bills, HOA documents and inspection history before you commit.

Skip the home inspection

Waiving an inspection to win a bidding war is a serious risk. A general inspection may not catch every Georgia-specific issue, including elevated radon levels common in north Georgia or a failing septic system. Structural damage from termites can also go undetected without a separate pest report. Hire a certified inspector and attend the walkthrough. Use the findings to negotiate repairs or price adjustments before you finalize the purchase.

Ignore school district boundaries

Do not assume a home falls within your preferred school district based on its location. Georgia districts do not follow simple geographic lines. Confirm the exact district assignment for any home you seriously consider. Visit schools directly and review ratings, test scores and enrollment options before you decide.

Let emotions drive the offer

A home that feels perfect can push you to offer beyond your budget or ignore red flags. Stick to a budget that leaves room for repairs, rising costs and unexpected expenses. One useful guideline is to keep total housing costs below 28% of your monthly gross income.

Understand your legal options before you close

Georgia real estate law shapes how risk moves between buyers and sellers. An attorney can help you review your purchase agreement and understand your rights before you sign.  ]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How clothing affects your performance in field sobriety tests]]> https://www.cox-byington.com/?p=217034 2026-05-18T13:39:17Z 2026-05-18T13:39:17Z How does your footwear affect your balance? Field sobriety tests often require you to demonstrate balance and coordination. The walk-and-turn test and one-leg stand are two common evaluations that heavily depend on your stability. Your choice of footwear can dramatically affect your performance on these tests. High heels present obvious challenges. Even people who wear them regularly might struggle to maintain perfect balance while performing unfamiliar movements on the side of a road. Platform shoes, flip-flops and worn-out footwear with smooth soles can also compromise your stability. Under National Highway Traffic Safety Administration guidelines, officers should give you the option to remove your footwear if you are wearing heels more than two inches high. Athletic shoes or flat, supportive footwear generally provide the best foundation for these tests. However, even comfortable shoes might not prevent you from struggling if the road surface is uneven or if the weather conditions are poor.

How does clothing restrict your movement?

Tight or restrictive clothing can interfere with your ability to perform certain test components. A narrow skirt might prevent you from taking the heel-to-toe steps required in the walk-and-turn test. Heavy coats or bulky jackets can affect your balance and make it harder to follow instructions that involve arm positioning. Loose or flowing clothing presents different problems. Long dresses or oversized pants could cause you to trip or lose your footing. Baggy sleeves might obscure your hand movements, making it difficult for the officer to observe whether you are following instructions correctly.

What other factors can affect your performance?

Beyond shoes and restrictive garments, other clothing elements can affect test performance. Accessories like heavy jewelry or bags can throw off your balance. Sunglasses or hats might interfere with the horizontal gaze nystagmus test, where officers observe your eye movements. Weather-appropriate clothing adds another layer of complexity. If you are shivering in light clothing or overheating in heavy layers, your physical discomfort could affect your coordination and ability to focus on instructions.

What can you do?

If you find yourself in this situation, you might consider politely mentioning any clothing-related challenges to the officer. Documenting what you were wearing at the time could also be valuable information if you later need to discuss the circumstances of your traffic stop with a legal professional. Keep in mind that field sobriety tests are voluntary in Georgia, which means you may refuse to take them.

Your vigilance may protect you from a DUI charge

Understanding how clothing can affect field sobriety tests gives you important context during a traffic stop. If your clothing or footwear limits your movement or balance, mention those concerns clearly and respectfully. You should also remember the conditions and what you wore at the time. These details may help you evaluate the accuracy and fairness of the test results, which may protect you from wrongful charges.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[4 things to know before buying an existing business in Georgia]]> https://www.cox-byington.com/?p=217035 2026-04-21T15:53:47Z 2026-04-21T15:53:47Z Buying an established Georgia business is one of the most strategic moves you can make. The financial opportunity is real, but the legal side of a deal is where deals fall apart. Before you reach the closing table, key legal areas deserve your attention. State law shapes how risk shifts between parties. Understanding that early puts you in a stronger position.

Due diligence goes deeper than the financial records

Your financial team will review revenue, expenses and projections. Legal due diligence covers a different layer altogether. It uncovers ongoing lawsuits, unpaid debts and contract responsibilities that no financial statement will reveal. How you structure the deal is one of the most critical decisions you will make. In Georgia, asset purchases and stock purchases carry very different risk consequences. A stock purchase means you buy the business itself, including any existing tax requirements and employment claims.

Four legal checkpoints before you close in Georgia

Knowing where to direct your attention makes legal due diligence more effective. In a Georgia business acquisition, four areas tend to surface the most meaningful risk:
  • Entity standing and claims: UCC filings, judgment liens and encumbrances against business assets all deserve a search, along with a good standing check with the Georgia Secretary of State.
  • Deal structure and liability exposure: Georgia law treats asset and stock purchases very differently on liability. The structure you choose shapes your personal and business risk.
  • Existing contracts and transferability: Active agreements, including leases, vendor contracts and client agreements, all deserve close review. Under Georgia law, some will require third-party approval before they transfer to you.
  • Employment compliance and transferable licenses: Outstanding employment claims, Georgia workers' compensation duties and the transferability of operating licenses and permits all factor into the deal.
Any one of these areas could change the value or risk of your purchase.

The right legal partner changes everything

Knowing what to look for is a strong starting point. An experienced legal support can work through each of these areas with you. Issues that come up during legal review often become negotiating points that protect your investment. Georgia's acquisition landscape has specific details that make local counsel especially valuable.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[When refund fraud can lead to theft charges in Georgia]]> https://www.cox-byington.com/?p=217036 2026-03-23T04:07:49Z 2026-03-23T04:07:49Z Recognize the conduct that can lead to theft charges Georgia has a specific law for refund fraud. You may face that charge if a store claims you used a false or altered receipt, returned stolen merchandise or used another dishonest method to get money, store credit or other value. You may also face a separate theft charge if the facts suggest you took the item, used deception to get a refund or handled property the store claims was stolen.

Evaluate the facts that can escalate a refund fraud case

Even when the underlying allegation remains the same, additional circumstances can still increase the seriousness of the case. For example:
  • Larger refund amounts tied to the transaction
  • Multiple incidents combined into one allegation
  • Return activity linked across stores or dates
  • Detention by store personnel during the incident
In Georgia, the amount at issue can influence whether the allegation remains at the misdemeanor level or rises to a felony charge. The law may also let the state aggregate certain incidents, which can raise the total value at issue. At the same time, detention by store personnel can quickly transform a return dispute into a more serious criminal accusation.

What the accusation may turn on

A refund fraud allegation in Georgia may lead to a theft charge when the return involves more than a disputed transaction. Your next step may depend on the refund amount, whether the store links other incidents to the same case and whether staff detained you during the event. Reviewing those facts closely may help you see where the risk may rise.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How alimony is determined in a Georgia divorce?]]> https://www.cox-byington.com/?p=217037 2026-03-18T08:41:32Z 2026-03-18T08:41:32Z financial support after a marriage ends requires a careful look at both spouses’ lives. In Georgia, courts refer to this support as alimony. It may help a spouse adjust to a new financial reality, although it is not guaranteed. Judges often aim for fairness by weighing several factors to decide if support makes sense and, if so, in what amount.

Assessing eligibility and potential bars

Before a court looks at payment amounts, it may first consider the cause of the separation. Although Georgia allows “no fault divorce”, conduct can still affect alimony. For example, if evidence suggests that a spouse’s adultery or desertion led to the breakup, a judge may decline to award alimony to that spouse. This issue can serve as an important starting point in many cases.

Evaluating financial need and ability to pay

In many situations, courts rely on a need versus ability to pay analysis. A judge may look at whether one spouse has a real financial need and whether the other has the means to provide support. Courts often review several financial factors:
  • Income and assets: Judges may compare salaries, earning capacity and separate property owned by each spouse
  • Standard of living: Courts may consider the lifestyle the couple maintained during the marriage while also weighing what remains realistic after separation
  • Earning capacity: This may include education, work history and time spent out of the workforce
Taken together, these factors can help the court form a clearer picture of each spouse’s financial position.

Considering the marriage history

The overall history of the marriage may also shape the outcome. Courts often look at how long the marriage lasted and how each spouse contributed. Several points may come into play:
  • Duration of the marriage: Longer marriages often involve deeper financial ties than shorter ones
  • Non-monetary contributions: Courts may recognize efforts such as homemaking or supporting a spouse’s career growth
In some cases, a spouse may have set aside career opportunities to manage the household. A judge may weigh that decision when considering support.

Distinguishing between types of spousal support

Georgia courts generally recognize different forms of alimony depending on the situation. Temporary support may help maintain stability while the divorce remains pending. After the divorce becomes final, support may continue for a set period. In many cases, this type of support allows the receiving spouse time to gain education or job skills. In less common situations involving long marriages or health concerns, spousal support may last longer.

Understanding future modifications

Alimony does not always remain fixed. If a substantial change in financial circumstances occurs, such as a job loss or serious illness, a court may review the existing arrangement. In addition, Georgia law may allow a reduction or end to payments if the receiving spouse begins living with a romantic partner in a supportive relationship. This reflects the idea that alimony often depends on ongoing financial need.

A case by case process

Every divorce involves a unique set of facts. Because judges have broad discretion, outcomes may differ from one case to another. Careful preparation and a clear understanding of these general principles may help individuals better anticipate how alimony decisions could unfold.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[2 things to know after a theft arrest in Georgia]]> https://www.cox-byington.com/?p=216376 2026-02-23T04:34:31Z 2026-02-23T04:34:31Z Knowing which charges and procedures may follow Georgia theft charges may include theft by taking, theft by deception or shoplifting. If police arrested you during a protest or crowd event, you might also see allegations like criminal trespass or disorderly conduct. Early case development may involve several procedural areas, including:
  • First court appearance: Initial judicial review within roughly 48 to 72 hours after arrest
  • Release conditions: Possible discussion of bond terms and supervision expectations
  • Allegation framework: Identification of the specific theft category based on claimed conduct
  • Information review: Analysis of statements, recordings or transaction-related material
  • Circumstance evaluation: Consideration of pressure claims or beneficiary-related involvement
These issues may shape the state's later arguments. Your specific facts may still matter.

Understanding possible effects on records, costs and daily life decisions

A theft allegation may affect more than court proceedings. An arrest record may lead to questions during background checks for jobs, housing or school. Costs may also come up, such as bond payments, court fees or lost work time. Daily routines may change because of court dates or release terms. Work tasks, classes or personal plans may need adjustment. Each situation differs, but early awareness may help you consider practical next steps while the process continues.

What to keep in mind as your case progresses

At this stage, gathering clear information and paying attention to deadlines or requirements may help reduce confusion. Small practical steps, such as organizing documents or noting important dates, may create a better sense of control while details continue to unfold. Every situation develops differently, so staying informed and open to guidance that fits your circumstances may support more thoughtful next decisions.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[Estate planning for logistics professionals]]> https://www.cox-byington.com/?p=216375 2025-11-27T12:05:53Z 2025-11-27T11:54:32Z How can I protect my transportation assets? For logistics professionals, protecting transportation assets is a big concern. Having the right insurance is crucial, but you also need to plan your estate to reduce potential risks. Here are some strategies: • Creating a Limited Liability Company (LLC): This can protect your personal assets from business debts and lawsuits. • Keeping your insurance updated: Make sure your insurance covers the true value of your assets and any potential risks. • Setting up a trust: Trusts can protect your assets from creditors and ensure your beneficiaries receive what you plan for. By taking these steps, you can feel confident that you've done your best to protect your valuable assets.

What if you are always on the road?

Many people in logistics travel a lot for work, which can make planning a bit trickier. Start by creating a complete estate plan that deals with these issues.
  • Durable power of attorney: This document allows you to pick someone to take care of your money matters if you become unable to do so yourself. This document stays valid even if you cannot make decisions, helping to protect your finances in unexpected situations.
  • Healthcare directive: This is like a living will that lets you write down what medical treatments you want if you cannot speak for yourself. It also allows you to choose someone you trust to make healthcare decisions for you, making sure your wishes are followed during serious medical situations.
  • Regularly check beneficiaries: Make sure the people you have listed to receive your life insurance and retirement money are up to date.
These documents ensure you keep your wishes intact even when you are traveling.

Protecting your legacy in Georgia

Estate planning is more than just writing a will. It is about making sure your family is secure and your business keeps running smoothly. Besides the legal documents, you should also have a plan for who will take over your business. By dealing with these specific issues, you can create a complete estate plan that fits your situation and protects your family.]]>