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What does a “DUI Less Safe” charge in Gwinnett County mean?
/in Blog /by W. Scott SmithUnder Official Code of Georgia Annotated § 40-6-391, “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive.” Accordingly, a driver may be charged with and potentially convicted of DUI even […]
The Georgia Court of Appeals: Wilson v. State
/in Blog /by W. Scott SmithIn Wilson v. State, the Georgia Court of Appeals Reverses a Conviction Over Mishandled McCollum/Batson Challenge In February 2026, the Georgia Court of Appeals issued an important opinion in Wilson v. State that every trial lawyer in Georgia should study carefully. The case involves a classic McCollum/Batson problem: the trial court mishandled the State’s challenge […]
Possession of THC Oil
/in Blog /by W. Scott SmithGenerally, possession of a personal amount of marijuana is considered a misdemeanor, pursuant to O.C.G.A. § 16-13-2(b). However, possession of other forms of THC, such as oil, resin, or wax, which are extracted from the plant, can be charged as a Schedule I felony in accordance with the Georgia Controlled Substances Act. THE OFFENSE V.G.C.S.A. […]
Shoplifting Charges in Fulton County
/in Blog /by W. Scott SmithIn Fulton County, courts handle shoplifting cases in municipal, state, or superior courts. Prosecutors may charge the offense under a city ordinance, as a misdemeanor, or as a felony in serious cases. What Is Theft by Shoplifting? Under O.C.G.A. § 16-8-14, theft by shoplifting occurs when someone takes merchandise without paying. The person must intend […]
Disorderly Conduct in Dekalb County, Georgia
/in Blog /by W. Scott SmithBeing 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, […]