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.

The Georgia Governor’s Officeawarded a $1.8 million H.E.A.T. grant to the GSP

/in /by

The grant will allow the state patrol to continue its Nighthawks Georgia State Patrol DUI Task Force – a group of state troopers who have received specialized DUI enforcement training – and its Administrative License Suspension (ALS) Program, the state patrol said.
H.E.A.T. is an acronym for Highway Enforcement of Aggressive Traffic and aims to reduce fatal crashes involving driver impairment and speeding while increasing the use of seat belts.

Police cannot prolong a traffic stop without more than a hunch

/in /by

In Dominguez, deputies stopped a car driven by Dominguez after they observed him fail to properly signal a right turn.Dominquez appeared nervous when he gave his driver’s license to the deputies.The deputies had Dominguez exit his car.The deputies asked did he have any drugs or weapons on his person.Dominguez said that he did not have any drugs or weapons.The deputies asked him to empty his pockets and he placed the items from his pockets on the trunk of the car.The deputies asked for permission to search his person and Dominguez consented.No drugs were found.One deputy said Dominguez was “good to go.” The deputies asked Dominguez three times for permission to search his car.When he refused consent, the deputies called for a canine unit to come to the scene and detained Dominguez until the canine unit arrived.The canine unit arrived about 10 minutes later.The drug dog sniffed the exterior of the car and indicated the presence of drugs.The deputies searched the car and found three grams of methamphetamine.The judge denied Dominquez’s motion to suppress the drugs.

The Court of Appeals agreed with Dominguez that the search was unlawful because the State failed to show that the deputies were still investigating the failure to properly signal a right turn at the time they called for the canine unit.There was no evidence that the deputies were waiting on information on the validity of the driver’s license, insurance or registration.Further, there was no evidence that the deputies were writing a citation or even thinking about whether to write a citation or issue a warning.Therefore, the search was unlawful.The Court of Appeals noted that Dominquez’s nervousness alone was not sufficient to justify a detention beyond the initial traffic stop.

Forced Blood Draws

/1 Comment/in /by

Georgia State Patrol Night Hawks Division has gone to a new system in Fulton County. If you refuse to take a breath test at the jail on the Intoxilyzer 5000, the trooper will seek a telephonic warrant with a magistrate judge to force you to give the State a sample of your blood. If the judge believes there is enough evidence a driver was driving under the influence to the extent he was less safe, the judge will give the trooper permission to strap you down to a restraint chair and have a jail nurse stick a needle in your arm to draw blood for testing. This is going on right now in Fulton County and the City of Atlanta.

My suggestion, if you are ever in this situation where a warrant has been issued, immediately rescind your refusal. Make sure you are loud enough to where other jail administrators hear you. Do your best to get the names of the witnesses who hear you rescind your refusal.

Must charge accident to jury

/in /by

OGILVIE v. STATE

Shirley Ogilvie appealed her convictions of vehicular homicide in the second degree (OCGA § 40-6-393(c)) and failing to stop for a pedestrian in a crosswalk (OCGA § 40-6-91(a)). Shirley argued the trial court erred by declining to give Ogilvie’s requested charge on accident.

The trial court failed to explain to the jury the defense of accident. OCGA § 16-2-2 provides: “[a] person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, intention, or criminal negligence.” The Georgia Supreme Court has held ” ‘Accident’ is an affirmative defense whereby it must be established a defendant acted without criminal intent, was not engaged in a criminal scheme, and was not criminally negligent, i.e., did not act in a manner showing an utter disregard for the safety of others who might reasonably be expected to be injured thereby.

A charge on accident is not warranted based on a factual defense showing that no crime was committed. For example, if a defendant asserts that he did not run a red light because the light was green at the time he passed through an intersection, a charge on accident is not warranted. The defendant in such a case is not asserting that he ran a red light as a result of misfortune or accident, but that he did not run a red light and therefore committed no crime.

In this case, however, Ogilvie admitted under oath that she failed to yield to a pedestrian in a crosswalk. She never claimed that the pedestrian was not in the crosswalk when she struck him or that her car was already in the crosswalk when she first saw him. The trial court therefore erred by refusing to give the requested charge on accident, and Ogilvie’s convictions were reversed.

Cannot search car post arrest

/in /by

BOYKINS v. STATE –

Following trial, Reginald Boykins was convicted of possession of cocaine and sentenced to four years imprisonment. He appealed his conviction and the denial of his motion to suppress drug evidence seized from his vehicle to the Court of Appeals, arguing that the vehicle search violated his Fourth Amendment rights under the United States Constitution.

Officer Morales of the DeKalb County Police Department saw Mr. Boykins pull his vehicle up and talk to a woman walking in a high crime area. Reginald quickly drove off when Morales turned the patrol car around. Suspecting prostitution, Morales approached Reginald. Reginald said his identification was in his apartment, but he gave Morales his name and birth date. After discovering Reginald had an outstanding probation arrest warrant, Morales asked Reginald to get out of the car, put him in handcuffs and placed him in the custody of a second officer. Morales then searched Reginald’s vehicle, finding cocaine in the center console.

Morales stated he searched the “wing span within [Reginald’s] vehicle” where he discovered the illegal drugs. Pursuant to Arizona v. Gant, where the State does not show the person arrested still has some way to access to the center console of a vehicle, the police cannot search the vehicle. Thewre are other exceptions which may permit search of a vehicle, but those were not present here. The search was illegal.