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.

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

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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

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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

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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

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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

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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.