Frye Law - January 2020

HOW ONE JUDGE LOST A FRIVOLOUS LAWSUIT AND HIS DIGNITY WHO WEARS THE PANTS? LADY JUSTICE!

After losing an article of clothing from a dry cleaner, most would say “c’est la vie” and move on. At most, someone might leave a bad review and ask for a few dollars to cover the loss, but for one administrative law judge, that wasn’t enough. He decided instead to launch an all-out legal battle. Roy Pearson, a Washington, D.C., judge at the time, sought $54 million to cover the loss of his pants after his dry cleaner lost them. He argued that the “same-day service” sign located in the window of the dry cleaners meant that the company had to provide same-day service. However, Pearson never specified a specific time he needed his clothes returned. He also insisted that the “satisfaction guaranteed” sign meant that the cleaners had to satisfy a customer’s wishes without limit. Based on those arguments, he claimed the signs were fraudulent. After the initial allegations, the dry cleaners scoured their business to find the pants and, to their credit, found the judge’s trousers untarnished. Even so, Pearson argued that he didn’t need to prove the pants were lost or damaged to satisfy his “satisfaction guaranteed” claim. Unfortunately for the judge, the court found his position to be ridiculous and ordered him to pay the dry cleaner’s attorneys’ fees. In response, Pearson sought that his own attorneys’ fees be covered to oppose this motion.

of professional dignity. Ten years after the case closed, the District of Columbia Board on Professional Responsibility sought a 90-day suspension. As the board put it, Pearson “failed to conduct an objective appraisal of the legal merits of his position. He made and continues to make arguments that no reasonable attorney would think had even a faint hope of success on the legal merits.” From a legal standpoint, we’d call this judge’s behavior “dissatisfaction guaranteed.”

In the end, Pearson did pay the dry cleaner’s legal fees, but the case isn’t the only thing he lost. The verdict also cost the judge his job and any semblance

CAN I GET A MARIJUANA DUI?

When asked the question, “Can I get a marijuana DUI?” there is a short answer: Yes. In Georgia, you can get convicted for driving under the influence of alcohol, a restricted prescription drug, an illegal drug, and marijuana. If you have cannabis or illegal drugs in your system in any amount, that legally constitutes driving under the influence. In fact, the consequences for a marijuana DUI are worse than they are for an alcohol DUI. If you get a DUI for marijuana, that conviction comes with a hard six-month driving restriction — something that does not come automatically with an alcohol DUI. Proving you were impaired while driving is a difficult thing for the state, and if you find yourself in this situation, it’s essential not to undergo any testing whatsoever. Georgia is an implied consent state, which means that by driving on the roads here, you’ve consented to a blood-alcohol test. You have the right to refuse a test, but you may face a suspended license if you do. A DUI of any kind comes with serious consequences. Once convicted, you could face a license suspension, have a limitation on your ability to travel in Canada for up to 10 years, and lose your ability to rent a car. Knowing your rights and taking the right actions when stopped for any kind of DUI offense is essential to protecting yourself from a marijuana DUI charge. If you find yourself in need of guidance, call Frye Law Group at (770) 919-9525.

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