Peach State Lawyers Practice in Decatur Municipal Court

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If you’ve been pulled over for a traffic charge, city ordinance violation, or some misdemeanors inside the city limits of Decatur, you will have to attend court at Decatur Municipal Court. Decatur Municipal Court arragignments are commonly held at night. Decatur Municipal Court is currently located at 120 West Trinity Place, Decatur, Georgia 30030. Municipal Court is held on the third floor of this building.

 

Decatur Municipal Court is one of the few municipal courts in the state of Georgia that holds preliminary probable cause hearings for felony and misdemeanor charges before binding them over to State or Superior Court. Those hearings are generally heard before traffic court on any given day.

 

Decatur Municipal Court expects all of its patrons to dress in a manner that shows respect for the court. They start on time at 6pm most days, and like most other municipal courtrooms in Georgia take private attorney cases before handling cases for unrepresented citizens. If you’d like a lawyer to represent you in a matter pending in Decatur Municipal Court, please contact the Peach State Lawyer at 404-581-0999 for a free in-person or phone consultation.

 

We look forward to helping you.

Peach State Lawyers Practice in Avondale Estates Municipal Court

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Avondale Estates. That small town center that looks like it’s taken straight out of the European countryside is home to Avondale Estates Municipal Court. If you’ve been pulled over by an Avondale Estates officer for a traffic misdemeanor or city ordinance, they’re going to want to see you in Avondale Estates Municipal Court.

 

Avondale Estates Municipal Court is located at 21 North Avondale Plaza, Avondale Estates, Georgia 30002. Court starts promptly at 8am on the date you have been told to attend. Like many other municipal courts, the calendars are crowded, and the Avondale Estates solicitor takes private attorney cases first, so be prepared to spend your entire morning in court.

 

If you’ve been charged with a traffic misdemeanor or city ordinance in the city of Avondale Estates, call the Peach State Lawyers today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in DeKalb Recorders Court

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If you’ve been pulled over or cited by a DeKalb County Police Officer, Sheriff, or Georgia State Patrol Trooper for any traffic violation including DUI; or have been cited for a DeKalb County code violation, you are due to appear in DeKalb County Recorders Court. Recorders Court is another name for traffic court. There is a solicitor. There is a judge. But cases in Recorders Court are not tried in front of a jury. DeKalb County Recorders Court is located at 3630 Camp Circle, Decatur, Georgia 30032. DeKalb County Recorders Court is not located in the same building as State and Superior Court. There is a fee to park around DeKalb County Recorders Court. It is at least $3, and must be paid in cash.

 

Court starts promptly at 8:30am, and you need to be there early to find out which courtroom you are assigned to. After you get through security, courtrooms are assigned by the first letter of your last name. You then enter your assigned courtroom and have a seat in the pews. Recorders courtrooms are extremely busy and it is not uncommon to see 150-250 people in each courtroom on any given day.

 

Like many municipal and traffic courts in the State of Georgia, solicitors handle private attorney cases first. Guilty pleas are handled after private attorney cases. The last cases handled in DeKalb County Recorders Court are unrepresented citizens looking to fight your case. There are no electronic devices allowed in DeKalb County Recorders Court.

 

Peach State Lawyers can go to DeKalb County Recorders Court on your behalf. We can negotiate with the solicitors to get your best possible options before asking you to waste your time in court to enter a plea. Then when you do decide how you want to handle your case, we can get you in and out of Court quickly and on with your day. If you are scheduled to appear in DeKalb County Recorders Court, please call us today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in Gwinnett Recorders Court

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If you’ve been pulled over or cited by a Gwinnett County Police Officer, Sheriff, or Georgia State Patrol Trooper for any traffic violation including DUI; or have been cited for a Gwinnett County code violation, you are due to appear in Gwinnett County Recorders Court. Recorders Court is another name for traffic court. There is a solicitor. There is a judge. But cases in Recorders Court are not tried in front of a jury. Gwinnett County Recorders Court is located at 115 Stone Mountain Street, Lawrenceville, Georgia 30046. Gwinnett County Recorders Court is not located in the same building as State and Superior Court.

 

There are three courtrooms in Recorders Court. Court starts promptly at 8:30am, and you need to be there early to find out which courtroom you are assigned to. After you get through security, go up the stairs to see a series of windows. At these windows you can check in, and get your courtroom assignment. You then enter your assigned courtroom and have a seat in the pews. Recorders courtrooms are extremely busy and it is not uncommon to see 150-250 people in each courtroom on any given day.

 

Like many municipal and traffic courts in the State of Georgia, solicitors handle private attorney cases first. Guilty pleas are handled after private attorney cases. The last cases handled in Gwinnett County Recorders Court are unrepresented citizens looking to fight your case. There are no electronic devices allowed in Gwinnett County Recorders Court.

 

Peach State Lawyers can go to Gwinnett County Recorders Court on your behalf. We can negotiate with the solicitors to get your best possible options before asking you to waste your time in court to enter a plea. Then when you do decide how you want to handle your case, we can get you in and out of Court quickly and on with your day. If you are scheduled to appear in Gwinnett County Recorders Court, please call us today at 404-581-0999 for a free consultation.

Peach State Lawyers Practice in City Court of Doraville

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Dekalb County has several municipalities that handle their own court services.  The City of Doraville is one of the oldest municipalities in Dekalb County. The City Court of Doraville has always been an active courthouse.  The lawyers of W. Scott Smith P.C. have handled cases in Doraville for the past nine years and are familiar with the courts daily operations.

The City Court of Doraville is located at 3765 Park Avenue, Doraville, Georgia, 30340. The court handles certain state law misdemeanors, traffic offenses, and local ordinances.  These cases often start with a citation written by a Doraville Police Officer.  In addition, a court date is usually written towards the bottom of the ticket to give the person, either cited or arrested, notice of their first court date.   The Officer will also include the charges that he/she is pursuing in the charges section of the ticket (middle of ticket).    The Officer can charge a citizen with either a State Law violation or a local ordinance violation.   If the State law violation is classified as a misdemeanor (including traffic violations) then the City Court of Doraville has jurisdiction to handle the case in Doraville.   In addition, the Officer can ticket for a local ordinance violation which also can be heard in the City Court of Doraville.

Some traffic offenses can be handled online by paying the fine online with a credit card. However, it’s important to note that paying the ticket online will result in a conviction on your driving record.   The consequences of traffic conviction can mean points on your license, higher insurance rates, and sometimes a license suspension.

Not every ticket can be resolved online.   The City Court of Doraville lists the following as “must appear” offenses:

  • Aggressive Driving
  • All city nuisance/code enforcement offenses
  • All under 21 offense
  • All accident offenses (unless proof of claim shown)
  • All alcohol offenses (except Open container)
  • Any other charge that may result in jail time and/or license suspension
  • Attempt to elude and officer
  • Disorderly conduct
  • Furnishing alcohol to a minor
  • DUI (driving under the influence)
  • Hit and Run
  • Habitual Violator Offense
  • No insurance
  • Passing a loading/unloading school bus
  • Possession of alcohol by a minor
  • Possession of a concealed weapon
  • Racing
  • Reckless driving
  • Shoplifting
  • Speeding more than 30 MPH over posted speed limit
  • Driving with suspended registration
  • Driving with suspended license
  • Vehicular homicide/serious injury
  • VGCSA (Violation of the Georgia Controlled Substance Act) (Marijuana)

Even though it may not seem like a big deal, many of these offenses can result in a conviction on your permanent criminal history.

Our lawyers have handled several cases in the City Court of Doraville and know how to protect your rights and permanent record.  If you have a case in the City Court of Doraville, please feel free to contact our office for a free consultation (404-581-0999).  Our experience and training can help guide you through a difficult legal maze.

Peach State Lawyers Practice in Johns Creek Municipal Court

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North Fulton County has seen a recent spread of newly incorporated municipalities.   New municipalities mean new municipal courts.   Over the last nine years, the lawyers of W. Scott Smith P.C. have handled cases in every North Fulton Municipality.

The Municipal Court of Johns Creek is located at 11445 Johns Creek Parkway suite 300, Johns Creek, Georgia, 30097.  The court handles certain state law misdemeanors, traffic offenses, and local ordinances.  These cases often start with a citation written by a Johns Creek Police Officer.  In addition, a court date is usually written towards the bottom of the ticket to give the person either cited or arrested notice of their first court date.   The Officer will also include the charges that he/she is pursuing in the charges section of the ticket (middle of ticket).    The Officer can charge a citizen with either a State Law violation or a local ordinance violation.   If the State law violation is classified as a misdemeanor (including traffic violations) then the Johns Creek municipal court has jurisdiction to handle the case in Johns Creek.   In addition, the Officer can ticket for a local ordinance violation which also can be heard in the Johns Creek Municipal Court.

Some traffic offenses can be handled online by paying the fine online with a credit card. However, it’s important to note that paying the ticket online will result in a conviction on your driving record.   The consequences of traffic conviction can mean points on your license, higher insurance rates, and sometimes a license suspension.

Not every ticket can be resolved online.   The Johns Creek Municipal Court lists the following as “must appear” offenses:

  • Aggressive Driving
  • All city nuisance/code enforcement offenses
  • All under 21 offense
    • All between the ages of 17-20 must bring parent
    • All accident offenses (unless proof of claim shown)
    • All alcohol offenses (except Open container)
    • Any other charge that may result in jail time and/or license suspension
    • Attempt to elude and officer
    • Disorderly conduct
    • Furnishing alcohol to a minor
    • DUI (driving under the influence)
    • Hit and Run
    • Habitual Violator Offense
    • No insurance
    • Passing a loading/unloading school bus
    • Possession of alcohol by a minor
    • Possession of a concealed weapon
    • Racing
    • Reckless driving
    • Shoplifting
    • Speeding more than 30 MPH over posted speed limit
    • Driving with suspended registration
    • Driving with suspended license
    • Vehicular homicide/serious injury
    • VGCSA (Violation of the Georgia Controlled Substance Act) (Marijuana)

Even though it may not seem like a big deal, many of these offenses can result in a conviction on your permanent criminal history.

Our lawyers have handled several cases in the Johns Creek Municipal Court and know how to protect your rights and permanent record.  If you have a case in the Johns Creek municipal court, please feel free to contact our office for a free consultation (404-581-0999).  Our experience and training can help guide you through a difficult legal maze.

Peach State Lawyers Practice in Alpharetta Municipal Court

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North Fulton County has seen a recent spread of newly incorporated municipalities.   New municipalities mean new municipal courts.   Over the last nine years, the lawyers of W. Scott Smith P.C. have handled cases in every North Fulton Municipality.

The Municipal Court of Alpharetta is located at 12624 Broadwell Road, Alpharetta, Georgia, 30004. The court handles certain state law misdemeanors, traffic offenses, and local ordinances.  These cases often start with a citation written by an Alpharetta Police Officer.  In addition, a court date is usually written towards the bottom of the ticket to give the person either cited or arrested notice of their first court date.   The Officer will also include the charges that he/she is pursuing in the charges section of the ticket (middle of ticket).    The Officer can charge a citizen with either a State Law violation or a local ordinance violation.   If the State law violation is classified as a misdemeanor (including traffic violations) then the Alpharetta municipal court has jurisdiction to handle the case in Alpharetta.   In addition, the Officer can ticket for a local ordinance violation which also can be heard in the Alpharetta Municipal Court.

Some traffic offenses can be handled online by paying the fine online with a credit card. However, it’s important to note that paying the ticket online will result in a conviction on your driving record.   The consequences of traffic conviction can mean points on your license, higher insurance rates, and sometimes a license suspension.

Not every ticket can be resolved online.   The Alpharetta Municipal Court lists the following as “must appear” offenses:

  • Aggressive Driving
  • All city nuisance/code enforcement offenses
  • All under 21 offense
  • All accident offenses (unless proof of claim shown)
  • All alcohol offenses (except Open container)
  • Any other charge that may result in jail time and/or license suspension
  • Attempt to elude and officer
  • Disorderly conduct
  • Furnishing alcohol to a minor
  • DUI (driving under the influence)
  • Hit and Run
  • Habitual Violator Offense
  • No insurance
  • Passing a loading/unloading school bus
  • Possession of alcohol by a minor
  • Possession of a concealed weapon
  • Racing
  • Reckless driving
  • Shoplifting
  • Speeding more than 30 MPH over posted speed limit
  • Driving with suspended registration
  • Driving with suspended license
  • Vehicular homicide/serious injury
  • VGCSA (Violation of the Georgia Controlled Substance Act) (Marijuana)

Even though it may not seem like a big deal, many of these offenses can result in a conviction on your permanent criminal history.

Our lawyers have handled several cases in the Alpharetta Municipal Court and know how to protect your rights and permanent record.  If you have a case in the Alpharetta municipal court, please feel free to contact our office for a free consultation (404-581-0999).  Our experience and training can help guide you through a difficult legal maze.

Peach State Lawyers Practice in Roswell Georgia Municipal/Traffic Court

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If you’ve been pulled over by a Roswell Police Department Officer or cited with a city ordinance violation within the city limits of Roswell, Georgia you will be expected to attend court at Roswell City Hall. Roswell City Hall is located off at 38 Hill Street, Roswell, Georgia 30075. The court room is located on the second floor and there is plenty of free parking out in front of City Hall. Roswell City Court handles all city ordinances and traffic violations that occur within the Roswell city limits.

 

It is good to be early to court as they take unrepresented citizens on a first come-first serve basis after handling attorney cases. But they do not open the court room until just before court, so if you show up early, stay near the security line to make sure you are one of the first people to enter the court room to sign in.

 

The municipal court solicitor is currently Krista Young. She generally has ~100-200 cases to attempt to resolve at each court calendar. Having an attorney with you will allow your case to be given ample time by the solicitor – also called a pre-trial. You can hire our law firm to negotiate a positive outcome your first court appearance.

 

Peach State Lawyers practice regularly in Roswell City Court with three of our attorneys as nearby residents. Contact us today at 404-581-0999 for a free consultation regarding your Roswell, Georgia criminal case.

I Got Arrested for DUI, But They Never Read Me My Rights

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One of the most common DUI questions we get at W. Scott Smith, P.C. is: “Why didn’t the Officer have to read me my Miranda rights?”  What a great question!  Let me see if I can explain.

The Miranda warning stems from a famous United Supreme Court case, Miranda vs. the State of Arizona.   In that case, the Supreme Court of the United States said that IF you are placed into custody and then the Officer attempts to interrogate you, he/she has to warn you of a few rights.  We know these rights as the Miranda Rights and they go like this:

You have the right to remain silent.

Anything you say or do may be used against you in a court of law.

You have the right to consult with an attorney before speaking to the police and to have an attorney present during questioning now or in the future.

If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.

If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.

Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney?

If the officer chooses not to read you the warning while you are in custody and still proceeds with questioning, then any statements you make may be suppressed by the court at a later date and ultimately result in your case being much stronger.

 

So Why Didn’t the Officer Read Those to Me When He Placed Me Under Arrest for DUI?

In most DUI cases, not all, the Officer is NOT required to read you the Miranda Warning.  Most Officers will wait to place a driver they suspect to be under the influence of alcohol or drugs under arrest (or in custody) to avoid having to read the Miranda Warning.  Which makes sense, right?  The Officer is trying to get you to answer questions about your consumption of alcohol and have you submit to testing that he/she plans to use against you at trial.  If he starts telling you that you have the right to have a “pesky” lawyer like me present, you’re probably not going to do anything.   In Georgia, our appellate courts have determined that when you are asked to exit the vehicle and perform field sobriety testing or answer questions about where you were or where you are going, you are NOT deemed to be in custody, and thus, not entitled to have the Miranda Warning read to you.

BUT, the question of whether or not you are in custody CAN be a sticky issue.  We encourage anyone who has been arrested for DUI in the State of Georgia to contact our office immediately for a FREE consultation (404-581-0999).   Our lawyers can use their knowledge and experience to determine whether or not the Miranda Warning should have been read in your case, which sometimes can mean the difference between your case being dismissed and a conviction for DUI.

DS-1205 / ALS: This Sheet of Paper is Nice, but I Want My License Back, Man!

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by Ryan Walsh

 

So you’ve received notice from the Office of State Administrative Hearings that your case has been assigned to a Judge and is scheduled for a hearing date. That’s great. What’s next? As mentioned in our blog on DS-1205 forms, the administrative license suspension hearing relates directly to your choice to submit to a chemical test of your blood, breath, or urine after being arrested for DUI and read Georgia’s Implied Consent Law.

 

Background

There are four potential outcomes after an officer requests a chemical test of your blood, breath, or urine:

  1.  The officer does not submit a petition to suspend your license. If this happens, you will receive a refund of your $150 administrative hearing fee after the time period for the officer’s submission expires.
  2. You refuse to give a sample of your blood, breath, or urine.
  3. You give a sample of your blood, breath, or urine and it’s under the legal limit. That legal limit is .08 for anyone 21 or older, and .02 if you are under 21.
  4. You give a sample of your blood, breath, or urine and it’s over the legal limits, .08 and .02 respectively.

The majority of Administrative License Suspension (ALS) hearings are focused on outcomes B and D, refusal or a breath test over the legal limit.

 

The first thing I want to know after I know whether it was a breath test or refusal case is whether you have prior DUI history. I need to know if you’ve had an administrative suspension for DUI in the past five (5) years, because if you have it’s going to impact our potential options. A second administrative suspension in five years triggers a three year suspension, 120 days of which are a hard suspension with no work permit involved. And a third administrative suspension in five years automatically triggers a 2 year suspension, no work permit. The work permit is only eligible if you are over 21 AND submit a sample for the state test. If you refuse to take the test, that suspension is a hard one year suspension that can only be overcome with a “win” in your case (dismissal, nolle prosequi, reduction of the charge of dui, or not guilty verdict). I need you to remember what happened in your prior case, and I’m going to need that information to best advise you on how to proceed.

 

After I understand your criminal history, I need to know your priorities. Is your #1 priority beating the DUI? Is it protecting your license? Sometimes these two priorities conflict, and an in-depth understanding of your priorities is again necessary to provide the best advice possible.

 

Hearing Day

So you’ve made it to hearing day. We’ve talked about your DUI history and your priorities. We’ve talked if you want to be present at the hearing. And we’ve talked about the ways this can play out. But in case we haven’t talked, this is what can happen on an ALS hearing date:

  1. Your attorney or the officer does not show up on time for the hearing. If your attorney does not show up, you are in default, and the license suspension is affirmed. Your license is suspended for one year. As your attorney, we do not miss administrative hearings. If you submitted a chemical test, you may be eligible for a work permit or reinstatement depending on your age and DUI history. If you refused a chemical test, your license is suspended for one year, no permits. If the officer does not show up, and has not filed a valid conflict, your suspension will be rescinded, and you will be eligible to have your license reprinted.
  2. Your officer does show up, and we have a chance to informally speak with them about you, about your case, about your unique circumstances. This is generally our first chance to speak with your arresting officer, and we can potentially save your license without having an administrative hearing. Again, a clear understanding of your priorities is important in determining the best course of action in the administrative phase.
  3. Finally, if we can’t work the case out with the officer, we will have the administrative hearing. An administrative hearing on a DUI arrest is a civil hearing that covers the following:
    1. Did the officer have reasonable suspicion to stop you?
    2. Did the officer have probable cause to arrest your for DUI?
    3. Did the officer read the appropriate Georgia Implied Consent notice in the correct way and in a timely manner?
    4. If you consented to a state administered chemical test, was that test administered properly?

That’s it. Just those four areas. After the hearing, the judge will issue their decision based on those four aspects of the DUI arrest.

 

We at the law offices or W. Scott Smith, P.C. are all well trained in the administrative hearing process. We’ve all experienced each and every possible outcomes of the administrative hearing, including the hearing victory. Contact us today at 404-581-0999 or visit http://www.peachstatelawyer.com if you’d like more information.