DS-1205: Where is my License, and What’s this Piece of Paper?

/in , , , /by

If you are arrested in Georgia for DUI, you should immediately have two concerns; 1) you have criminal charges pending against you after you were cited with at least one ticket for DUI, which is a misdemeanor, and 2) a civil case relating to a potential suspension of your driver’s license.  The criminal charges pertain to the tickets that the officer wrote and will be handled through the normal criminal justice process.  The civil case pertains to your driver’s license and, as we will discuss in this blog post, time is of the essence.

DS-1205 Form

You may not know it, but if you have a Georgia driver’s license you have actually given consent to the State to obtain a chemical test of your blood, breath, or urine.   Any Officer in the State of Georgia, upon making an arrest for DUI, can request a chemical test to determine whether or not you are under the influence of alcohol and/or drugs.   That said, the State does allow a driver to withdraw that consent and “refuse” any chemical testing by the State. The process by which the Officer requests the test and the response you give the officer is crucial in determining the status of your license.  Normally, the Officer will seize your driver’s license and submit DDS 1205 form which is a petition to the Department of Driver Services (“DDS”) to suspend your driver’s license.    You have 10 business days from the date of your arrest to appeal any petitions submitted to DDS.  The Department will then place your case onto an Administrative License Suspension hearing calendar where you can contest the suspension of your license (SEE ALS HEARING BLOG POST).

Refusals vs. Breath Test Cases

The Officer will note on the DS-1205 petition whether or not you agreed to submit to chemical testing or if you refused to take the test the officer requested.  The length of the suspension and the type of license you may be eligible for are all dictated by whether or not you agreed to take the test.

If this is the first time you have been arrested for DUI alcohol, and you agree to take a the State administered test, and the results of that test are above a .08, then you may be eligible for a temporary work permit immediately after the license suspension goes into place.  The temporary work permit will allow you to travel to and from school/work.  Before the criminal case is resolved, DDS requires drivers eligible for a temporary work permit to go onto a temporary work permit for at least 30 days, complete the Georgia Risk Reduction Course (DUI School), and pay a reinstatement fee of $220 before reinstating the drivers full driving privileges.  On the other hand, if the driver refuses to take the test on a first lifetime DUI arrest, then DDS will issue a one year hard suspension, meaning no driving at all. All suspensions will run immediately if you do not submit an appeal within 10 business days of your arrest.

The 10-day Letter

On the back of your DDS 1205 form you will find the required process of appealing any petition submitted by the Officer to suspend your license.  Ultimately, DDS requires that you send a letter to DDS indicating that you wish to appeal any license suspension and wish to be placed onto an Administrative License Suspension hearing.   DDS also requires that you include a $150 filing fee with your letter.   It is good practice to send all 10-day letters by certified mail to insure that your request for an appeal is received by the department.  Also, it’s a good idea to send the letter even if the Officer did not seize your driver’s license.  The Officer does have some time to submit the petition at a later date or he/she may submit the petition and forget to take your license.  In those cases, it’s always best to play it safe and send a letter to DDS to make sure your license does not go into automatic suspension.

There are ways to avoid license suspensions, regardless of what your decision was at the time of your arrest.  We encourage anyone who has been arrested in Georgia for DUI to contact our office immediately (404-581-0999) for a FREE consultation.   W. Scott Smith, P.C. is dedicated to helping our client’s navigate through an often very difficult license suspension process.

VIDEO: DUI Courthouse Procedure in Municipal Court of Atlanta

/in , , , , /by

Peachstate’s own W. Scott Smith discusses procedure in the Municipal Court of Atlanta for people arrested for DUI in the City of Atlanta.

http://www.youtube.com/watch?v=8EYTmmB0KDc&feature=youtu.be

For those arrested for DUI in the city of Atlanta, you are generally pulled over by a city of Atlanta police officer or a Georgia Department of Public Safety state trooper. They will give you a citation to appear in court at 150 Garnett Street, Atlanta, GA 30303 generally within 72 hours of the time of arrest. The Municipal Court of Atlanta generally has between 800 and 1500 people on its calendar daily. The courtroom that handles DUI in the Municipal Court of Atlanta is Courtroom 5A and the Judge is Christopher E. Ward. He takes the bench promptly around 8:10 every morning. He handles all cases for citizens who have retained private counsel first before handling unrepresented persons or persons who have hired the public defender. No electronic devices are allowed in his courtroom and he requires everyone pay attention to all proceedings (no reading of books, newspapers, or magazines, either).

If you’ve been arrested, we can handle that first court appearance for you. If you hire our law firm we will file an entry of appearance on your behalf and show up at that first court date. We will also show up at all subsequent court dates on your behalf which will hopefully ease the burden of arrest. Don’t go into the City of Atlanta unrepresented. Call 404-581-0999 today for a FREE CONSULTATION. We will meet with you on the weekend if necessary to discuss your case and representing you in this pending DUI charge.

Call W. Scott Smith P.C. Before You Pay that Speeding Ticket

/in /by
Paying a speeding ticket before court guarantees you a fine. It might also add points to your license. The fine and points will depend on your age, your speed, and where the incident occurred (school zone, construction zone, etc).
Fines (Fulton County Magistrate Court Fine Schedule)
1 to 5 mph over: No Fine
6 to 10 mph over: $150
11 to 14 mph over: $250
15 to 20 mph over: $350
21 to 30 mph over: $450
31+ mph over: Must go to Court
Fines increase between $75 and $105 if in school or construction zone.
Points in Georgia
0-14mph over the speed limit : 0 points
15-18mph over the speed limit: 2 points
19-23mph over the speed limit: 3 points
24-34mph over the speed limit: 4 points
34 or more mph over the speed limit: 6 points
If you’re over 21, 15 points in any 24 month period will suspend you’re license for six months.
If you’re between the ages of 18 and 20, any four point suspension will automatically suspend your license for six months, but you are still given the same 15 points in 24 months if you don’t receive any four point violations.
If you’re under 18, any combination of four points will automatically suspend your license for six months.
Fines and Points are only assessed for a nolo or guilty disposition, so it’s in your best interest to fight your ticket in order to negotiate the best outcome.

Beware of Super Speeder
House Bill 160 went into effect on January 1, 2010. Any driver convicted of driving 75mph or more on any two-lane road, or 85mph more anywhere in the state will be assessed a $200 fine on top of the ticket’s fine. Failure to pay the $200 fee will result in a $50 penalty and an automatic license suspension.

Reduce Your Points
Official Code of Georgia 40-50-86 allows licensed Georgia drivers to request a points reduction of up to seven (7) points every five (5) years.
To qualify for the points reduction, you must complete a certified driver improvement course and then present the original certificate of completion of the course to DDS by mail to their Conyers PO Box or in person at a customer service center.

House Bill 407 Enacts Changes to Mandatory License Suspension Requirements for Second Conviction in Five Years

/in , , /by

The State of Georgia imposes a mandatory suspension of a driver’s license if a person is convicted of one of the following offenses:

O.C.G.A. §40-5-54

1)       Homicide by Vehicle as Defined in §40-6-393

2)       Any Felony in the Commission of Which a Motor Vehicle is Used

3)       Hit and Run or Leaving the Scene of an Accident in Violation of §40-6-270

4)       Racing on Highways and Streets

5)       Using a Motor Vehicle in Fleeing or Attempting to Elude an Officer

6)       Fraudulent of Fictitious Use of or Application for a License as Provided in §40-5-120 or §40-5-125

7)       Operating a Motor Vehicle with a Revoked, Canceled, or Suspended Registration in Violation of §40-6-15

8)       Any felony violation of Article 1 of Chapter 9 of Title 16 If such offense related to an identification document as defined in §16-9-4 (Manufacturing, Selling, or Distributing a Forged Identification Document)

O.C.G.A. §40-6-391 – Driving Under the Influence of

1)    Alcohol that it is Less Safe to Drive

2)    Drugs that it is Less Safe to Drive

3)    Glue, Aerosol, or Any Toxic Vapor that it is Less Safe to Drive

4)    Alcohol with an Alcohol Concentration of .08 Grams or More

House bill 407, which goes into effect on July 1, 2013 makes changes to the periods of suspension and the methods of returning licenses to drivers. It relates solely to a “second in five” which is a second conviction for arrests that occur within five years of each other. If a second conviction occurs for any offenses listed under §40-5-54, Georgia residents may apply for reinstatement of their license after a 120 day period. Georgia residents convicted under §40-5-54 must also finish an approved Defensive Driving or DUI Alcohol or Drug Risk Reduction program and pay a license restoration fee which ranges from $200-510.

If a second conviction occurs under §40-6-391, Georgia residents must wait a minimum of eighteen (18) months before applying for reinstatement of their licenses. Georgia Residents whose license is suspended for a “second in five” under §40-6-391 must do all of the above including payment of the fine and completion a DUI Alcohol or Drug Risk Reduction program. On top of those requirements they must apply for an ignition interlock device limited driving permit (O.C.G.A. §40-5-64) and provide proof of installation and maintenance of an ignition interlock device for a period of one year.

However, if the Georgia resident who was convicted under §40-6-391 is a member of drug court program or is enrolled in clinical treatment they may apply for an ignition interlock device limited driving permit after 120 days without completing a DUI Alcohol or Drug Risk Reduction program. If for any reason the Georgia resident is granted a waiver from an ignition interlock device, they must wait at least one year from date of suspension before becoming eligible for a limited driving permit.

If for any reason, the court orders installation of an ignition interlock device as a contingency of a resident’s probation, the resident can only drive vehicles that contain the ignition interlock device. They must complete the entire one year ignition interlock period and participate in a substance abuse program.

Finally, if a Georgia resident is a habitual violator of §40-6-391 and has had their license revoked but the court grants eligibility for an ignition interlock device, the Georgia resident must wait two years from the date of conviction for which the eligibility was granted. The following conditions are required before a probationary license is granted in this circumstance: 1) the resident must complete a DUI Alcohol or Drug Risk Reduction Program, 2) the resident has completed a clinical evaluation, 3) the resident has installed an ignition interlock device in any vehicle they are driving, and 4) a ceritifcate of elgigibility for an ignition interlock device is presented by the court. After the one year period, this habitual violator may apply for a renewal of their probationary license without an ignition interlock device.

Any driver operating with an ignition interlock device as required by the court or Department of Driver Services who receives an unsatisfactory report during the ignition interlock period can have their permit revoked by Department of Driver Services. The habitual violator can request a hearing with a payment of $250 regarding the failure to report any ignition interlock issues.

House Bill 407 makes pretty broad changes to the way Georgia residents convicted of a “second in five” can get limited driving privileges and ultimately request reinstatement of their license. It is imperative you understand your right in driving by speaking with a criminal lawyer.

House Bill 150 May Allow You to Remove your Mughshot/Book-In/Booking Photo from Commercial Websites

/1 Comment/in /by

You’ve been arrested. The Sheriffs office took a picture perfect mugshot of you. You get released and the next day you type your name into Google and see your mugshot on a number of mugshot related websites, right at the top of Google’s search results, for everyone, including family, current and potential employers, and the rest of the world to see. You do some research and realize that a mugshot is public information, available to anyone who requests access to one. You’re worried that this picture will be there forever, and with your somewhat uncommon name, it very well may be. But it gets better, you go through the criminal process and the State of Georgia ultimately decides not to prosecute you. Or maybe you were acquitted or you completed the necessary terms of probation. But your mugshot is still there. What do you do?

On May 6, 2013 Governor Deal signed House Bill 150, a bill that amends Georgia law effective immediately allowing anyone arrested in Georgia limited ability to request removal of their mugshot from commercial websites without a fee. House Bill 150 doesn’t apply to all situations, but the statute as currently read allows removal in the following circumstances:

A)     Where access to an individual’s case or charges was restricted pursuant to Code Section   35-3-37

B)      Prior to indictment, accusation, or other charging instrument, his or her case was never referred for further prosecution to the proper prosecuting attorney by the arresting law enforcement agency and the offense against such individual was closed by the arresting law enforcement agency

C)      Prior to indictment, accusation, or other charging instrument, the statute of limitations expired

D)     Prior to indictment, accusation, or other charging instrument, his or her case was referred to the prosecuting attorney but was later dismissed

E)      Prior to indictment, accusation, or other charging instrument, the grand jury returned two no bills

F)      After indictment or accusation, all charges were dismissed or nolle prossed

G)     After indictment or accusation, the individual pleaded guilty to or was found guilty of possession of a narcotic drug, marijuana, or stimulant, depressant, or hallucinogenic drug and was sentenced in accordance with the provisions of Code Section 16-13-2, and the individual successfully completed the terms and conditions of his or her probation

H)     The individual was acquitted of all of the charges by a judge or jury.

To request removal of your mugshot you must send a letter via certified mail with return-receipt  or statutory overnight delivery including you’re a) full legal name, b) date of birth, c) date of arrest, and d) name of the arresting law enforcement agency. Within 30 days of sending the letter, the offending website must remove your mugshot free of charge. Note that the law does not apply to certain websites including:

the publisher, owner, agent, or employee of a newspaper, periodical, or radio station or network, or television station or network in the publication or dissemination in print or electronically of a) news or commentary; or b) an advertisement of or for another person, when the publisher, owner, agent, or employee did not have actual knowledge of the false, misleading, or deceptive character of the advertisement, did not prepare the advertisement, or did not have a direct financial interest in the sale or distribution of the advertised product or service.

Protect your rights. Get your mugshot/book-in/booking photo  off the Internet. Contact W. Scott Smith today.

Find the Best Atlanta DUI Lawyer at the Peachstate Lawyer

/in /by

Top Atlanta DUI Law FirmThe best Atlanta DUI lawyer can make a huge difference for you and the outcome of your case. Unfortunately, the truth of the matter is that all attorneys and law firms aren’t created equally. And when you’re facing serious charges including drunk driving and related matters, you don’t want to leave anything to chance.

You need the best DUI lawyer in Atlanta standing by your side and fighting on your behalf, and that’s W. Scott Smith, P.C., the Peachstate Lawyer.

So, what exactly can the best Atlanta DUI lawyer do for you that others cannot? It’s not about boasting and it’s not about bragging — it’s about producing results, and helping our clients out of difficult circumstances. That means successfully getting cases dismissed, getting charges reduced, and reaching favorable agreements which minimize harsh penalties and other consequences.

For example, we noted last month that in a two week stretch in the beginning of March, that we had 10 different DUI cases dismissed or reduced to reckless driving. While certainly noteworthy, it’s also a pretty standard period in our practice as a leading DUI lawyer in Atlanta. We’re always busy doing our best for our clients, and our track record speaks for itself.

The Peachstate Lawyer didn’t become the best Atlanta DUI lawyer overnight, either. Instead, we have the expertise that only a huge amount of firsthand experience can produce.

We have handled cases involving just about any and all potential circumstances, from first offense DUIs to third and fourth offenses, and all manners of stops, arrests, tests taken or not taken, extenuating circumstances, additional charges and on down the line from there.

Did you know that there are two different types of DUIs? Did you know that there are dozens of ways your Nystagmus test can be affected beyond being drunk? Do you know how to get your license reinstated as quickly and easily as possible? These are the types of questions, concerns and distinguishing factors we’re well equipped to handle.

Yet, just because we have that experience, and just because we have such a great track record as the best DUI lawyer in Atlanta, we still stick by our principles and provide the absolute best and utmost to each and every one of our clients. We are truly committed to you and your case, and will provide you with the personal attention, ongoing support, and complete focus you deserve.

Call the Peachstate Lawyer today at 404.581.0999 and we’ll provide you with a free case evaluation, and show you how we can step in, protect your rights and achieve a favorable outcome.

When you hire the team at W. Scott Smith, P.C., you’ll see the difference that the best Atlanta DUI lawyer can make for you.

 

Peachstate Lawyer Continues Hot Run as Successful Atlanta DUI Lawyer

/in /by

Scott Smith - Atlanta's Top DUI AttorneyW. Scott Smith, P.C., has a well-earned reputation as a successful Atlanta DUI law firm. Our experienced team has handled all varieties of cases, and we offer our clients complete dedication to their cases, and commitment to their cause. Our hard work and innovative defense strategies continue producing dividends, too. In a two week period at the beginning of March, the Peachstate Lawyer went on an unprecedented streak of success.

During that time our firm had 10 different DUI cases either dismissed, or reduced to reckless driving. These 10 cases were all from the surrounding region, including Alpharetta, Atlanta, Cobb, DeKalb, Forsyth and Fulton, and offer a great testament to the successful track record that each Atlanta DUI attorney on our team provides.

The circumstances of every case are different, and that’s the approach that we take for each and every client.  Just a few of the variables at play include whether this is your first or second DUI offense, or another instance down the line, how and why you were originally pulled over, the results of your field sobriety tests or breath or blood tests, and so much more

For example, did you know that there are dozens of different causes or types of Nystagmus, or jerky, rapid eye movement, but that an arresting officer could be pinning that test result on you being impaired? This is just one of the countless facets of your case that we will examine, and the results speak for themselves.

As an Atlanta DUI lawyer, we continue to produce positive results, offering relief and peace of mind for our clients in need. When you have the Peachstate Lawyer on your side, you’ll have a winning team which will know exactly how to defend you, and reach the outcome you’re seeking.

A DUI arrest in or around Atlanta doesn’t mean the sky is the falling. We’ll guide you through the entire process, tell you what you need to know and should expect, and what the best approach to your predicament may be. From there, we’ll go about fighting on your behalf.

If you have been arrested for a DUI in Atlanta or related charges, don’t panic. Find the best and most experienced representation that you can. With 10 dropped or reduced charges in just two weeks, perhaps that’s us at W. Scott Smith, P.C.

Call us today at 404.581.0999 and we’ll be happy to provide you with a free case evaluation and tell you more about how we can help as your new Atlanta DUI lawyer.

NOT GUILTY

/in , /by

NOT GUILTY!  Those were the words of a Gwinnett County jury on 9/6/2012.  WSSPC attorney Michael Murphy appeared with a client who was facing some serious jail time if convicted.  When the client initially met with WSSPC he insisted that he was NOT GUILTY and that he was being railroaded by the system.   The police report was a tale of incriminating statements, field sobriety tests, and allegations of extreme intoxication.  In addition, the State proceeded with allegations of loitering and prowling from a witness who stated our client was sitting her driveway and refusing to leave.   The State wanted to put our client in jail for 60 days and indicated that the jail time would increase drastically if we went to trial and lost!   Needless to say, our client maintained his innocence throughout the process and insisted on a trial by jury.

 

Knowing we had a difficult task ahead of us, WSSPC got to work.   Paralegal Alison Dewitt put her detective hat on and found out that the State’s independent witness had been convicted of a crime of dishonesty.  She also filed several open records requests that revealed that the Officer involved was young and had only been a police officer for eight months!  WSSPC attorney’s Michael Murphy and Mike Jacobs went to the scene of the alleged crime and took several pictures that later proved to be crucial in the jury’s decision to acquit.

 

On 9/4/2012 attorney Michael Murphy and our client appeared and announce ready for trial.  The trial and legal motions took a total of three days.   The jury took the case on the third day and deliberated for three hours.  In the end, the jury came back NOT GUILTY.  Attorney Murphy was able to speak with one of the jurors after the case.  The juror told attorney Murphy that there was too much doubt and that the only verdict they could render was NOT GUILTY.

 

Our client walked out of the courthouse a free man having never given up hope and trusting WSSPC to show that he was innocent.

 

Fulton County Backlog for Judge Susan Forsling

/in , , /by

Fulton County State Court Judge Susan Forsling recently discovered she has a HUGE backlog of cases.  In early May, Judge Forsling discovered hundreds of misdemeanor criminal files in the office her case manager Joel Schaffer.  To date, the missing case files have led to 55 dismissals of criminal cases.

Fox Five Atlanta investigative reporter Dale Russell recently reported on the story.  Mr. Russell’s report focused on an individual whose pending charges have languished due to the hidden or lost files.  The story included a written statement from Judge Forsling.  While the story is certainly news worthy and the backlog is a concern, Mr. Russell’s report sensationalized the severity of the crimes and the likely outcomes of the forgotten cases.  As former Fulton County prosecutors, Peach State Lawyers W. Scott Smith and Daniel Farnsworth realize that many of those hidden cases would have resulted in dismissals when alleged victims failed to appear in court.  The serious drug offenses which Mr. Russell focused are simply possession of marijuana less than one ounce.  While there are certainly cases that languished which would be cause for concern, all of the cases have been deemed by our State Legislature to be misdemeanor offenses and not the more serious felony offenses which Mr. Russell seemed to want to make these charges.

Judge for yourself at: http://www.myfoxatlanta.com/story/19325510/criminal-cases

Yesterday, the Fulton County Daily Report ran a similar story which included comments from Judge Forsling as well as Fulton County State Court Chief Judge Patsy Y. Porter.  Judge Forsling called Schaffer’s actions “gross neglect” and outlined a plan to get her criminal docket moving again.  Judge Porter outlined the new computer system that will be implemented in 2013.  Peach State Lawyer Daniel Farnsworth applauds a new court case tracking system as working with the old system, Banner, was counter intuitive, confusing, and frustrating.

http://www.dailyreportonline.com/PubArticleDRO.jsp?id=1202569178034&slreturn=20120729110401

 

Atlanta Police Department was Awarded a $140,200 Grant

/in /by

The Governor’s Office of Highway Safety gave the money to APD’s Highway Enforcement of Aggressive Traffic units that aim to enforce speeding laws, reduce drunk driving accidents and educate communities about safety.
The Atlanta Police Department will add $140,200 to the local unit’s budget, giving the program a $233,600 budget.
Between October 2011 and September 2012, the money will be used to “develop and implement strategies using traffic enforcement and education to reduce crashes, injuries, and fatalities from drugs and alcohol, speed and aggressive driving, as well as the non-use of safety belts,” according to police spokesperson.