It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol. […]
Georgia law, under O.C.G.A. § 40‑6‑391, prohibits operating a vehicle while: Under the influence of alcohol, drugs, or inhalants to the point it’s unsafe to drive; Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours after driving; Having any detectable amount of marijuana or other controlled substances in the blood or urine, […]
In Georgia, fleeing or attempting to elude a police officer can be charged as either a misdemeanor or a felony depending on how serious the situation is. A misdemeanor fleeing charge usually applies when a driver simply refuses to stop after a lawful signal from law enforcement and there are no major aggravating factors. This […]
Being charged with Disorderly Conduct in Dekalb County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases. Under Georgia law (OCGA 16-11-39), disorderly conduct includes: Acting violently or aggressively toward someone, […]
Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Bartow County. Many allegations of aggravated child molestation are […]
At W. Scott Smith P.C., we specialize in criminal defense and understand how overwhelming an arrest can be. Whether it’s a minor offense or something more serious, knowing what to expect can help ease the stress for you or your loved one. In this post, we’ll break down the initial steps following an arrest in […]
If you’re caught driving with a suspended license in Clayton County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation. According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number or prior convictions within the past […]
If you missed court in the Municipal Court of Atlanta, you are likely in FTA status. This means that you failed to appear for your court date, and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until […]
Being charged with Disorderly Conduct in Fulton County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases. Under Georgia law (OCGA 16-11-39), disorderly conduct includes: Acting violently or aggressively toward someone, […]
As a criminal defense attorney practicing in Georgia, one of the most serious and emotionally charged charges I see is home invasion. This crime strikes at the heart of what people value most: their safety and sanctuary. When someone is accused of home invasion, the stakes are high—not just legally, but personally. Below, I’ll unpack […]
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