What Does It Mean If I Have Been Charged With “DUI Less Safe” in Fulton County?

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It is commonly known that driving with a BAC above 0.08 is considered driving under the influence in Georgia. But, the police may still charge you with DUI if your BAC is below 0.08 if they feel that you are less safe to drive than you would have been if you had not consumed alcohol.

O.C.G.A. § 40-6-391 (a)(1) states that “a person shall not drive or be in actual physical control of any moving vehicle while under the influence of alcohol to the extent that it is less safe for the person to drive”. This simply means that you may still be charged with, and convicted of, DUI even if your BAC registers at a level below 0.08 or there is no evidence from a blood test or a breath test that you BAC was above a 0.08.

If you have been charged with DUI less safe in Fulton Country, it is important that you hire an experienced DUI attorney to fight to protect your driver’s license and to prevent the long-term consequences that come with a DUI conviction. The lawyers at W. Scott Smith are experienced with the nuances associated with a DUI case and will work to protect you and resolve your case with the best possible outcome. Call our office at 404-581-0999 for a free consultation.

DUI Consequences in Fulton County State Court

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Georgia law, under O.C.G.A. § 40‑6‑391, prohibits operating a vehicle while:

  • Under the influence of alcohol, drugs, or inhalants to the point it’s unsafe to drive;
  • Having a blood alcohol concentration (BAC) of 0.08% or higher within three hours after driving;
  • Having any detectable amount of marijuana or other controlled substances in the blood or urine, regardless of alcohol presence.

If someone is found guilty of a DUI in Fulton County State Court, under O.C.G.A. § 40-6-391, their driver’s license will be suspended. This isn’t optional—it’s a required suspension by the Georgia Department of Driver Services. How long the suspension lasts depends on how many DUIs the person has had in the last five years. Here’s how it breaks down:

         
Offense Classification Fines Jail Time Additional Requirements
1st DUI Misdemeanor $300 – $1,000 10 days – 12 months (min 24 hrs if BAC ≥ 0.08) At least 40 hours community service, DUI Risk Reduction Program, clinical evaluation, probation.
2nd DUI (within 10 yrs) Misdemeanor $600 – $1,000 90 days – 12 months (min 72 hrs) At least 30 days community service, DUI school, clinical evaluation, probation, possible publication of conviction.
3rd DUI (within 10 yrs) High and aggravated misdemeanor $1,000 – $5,000 15 days – 12 months (min 15 days) At least 30 days community service, DUI school, clinical evaluation, probation, license revocation, declared habitual violator.
4th+ DUI (within 10 yrs) Felony $1,000 – $5,000 1 – 5 years Felony charges, 5-year license revocation, probation for remainder of sentence.

 

If you or a loved one has been charged with DUI in Fulton County State Court, don’t face it alone. The experienced legal team at W. Scott Smith, P.C. is here to help. We offer a free consultation to discuss your case and protect your rights.

Fleeing in Georgia

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In Georgia, fleeing or attempting to elude a police officer can be charged as either a misdemeanor or a felony depending on how serious the situation is. A misdemeanor fleeing charge usually applies when a driver simply refuses to stop after a lawful signal from law enforcement and there are no major aggravating factors. This offense is treated as a high and aggravated misdemeanor, meaning a conviction can result in fines generally ranging from about $500 up to $5,000 and possible jail time of 10 days to 12 months, though judges have discretion to probate or suspend part of the sentence beyond required minimums. Penalties increase for repeat misdemeanor offenses within a ten-year period, including higher fines and mandatory minimum jail time, but the charge still remains a misdemeanor. By contrast, felony fleeing applies when the conduct is more dangerous or severe, such as fleeing at very high speeds, driving recklessly in a way that endangers others, striking another vehicle or person, leaving the state while fleeing, or when the driver has multiple prior fleeing convictions. Felony fleeing carries much harsher consequences, including fines between $5,000 and $10,000 and a prison sentence of at least one year and up to ten years. Unlike misdemeanor cases, felony fleeing sentences generally cannot be probated, suspended, or served concurrently, making the punishment significantly more severe.

 

If you’re ever accused of fleeing from a police officer, either a felony or a misdemeanor, contact our office and speak with one of our experienced attorneys today.

Disorderly Conduct in Dekalb County, Georgia

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Being charged with Disorderly Conduct in Dekalb County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases.

Under Georgia law (OCGA 16-11-39), disorderly conduct includes:

  • Acting violently or aggressively toward someone, causing them to fear for their safety or their property
  • Using “fighting words” that are so abusive they could spark immediate violence
  • Using obscene, vulgar, or profane language without provocation toward a child under 14, in person or over the phone

If you’re accused of any of these actions, having a skilled attorney is important. A lawyer may find strong defenses, such as:

  • The State cannot prove every element of the charge.
  • The alleged victim has credibility issues.
  • The evidence against you is weak.

As trial lawyers, we love taking cases to trial when it’s in our clients’ best interests. But trial isn’t the only way to resolve a disorderly conduct case. There are often several strong options that can still lead to great outcomes, including getting the charges dismissed. Many clients qualify for pretrial diversion programs, which can result in a complete dismissal once requirements are met. We also frequently negotiate with prosecutors to reduce charges to something less serious, such as reckless conduct. Our job is to find the path that achieves the best possible result for you.

If you’re facing a disorderly conduct charge in Fulton County, we offer free consultations. Call us at 404-581-0999 to speak with an experienced attorney about your case.

 

Aggravated Child Molestation in Bartow County

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Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Bartow County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

The Bartow County Courthouse is at 135 W. Cherokee Avenue, Cartersville, Georgia 30120

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Bartow County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the   Bartow County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Understanding the Arrest Process in Georgia: What Happens After You’re Taken Into Custody

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At W. Scott Smith P.C., we specialize in criminal defense and understand how overwhelming an arrest can be. Whether it’s a minor offense or something more serious, knowing what to expect can help ease the stress for you or your loved one. In this post, we’ll break down the initial steps following an arrest in Georgia, focusing on bond procedures for misdemeanors and felonies. Our goal is to provide clear, straightforward information based on how the system typically works in the metro Atlanta area.

 

The Immediate Aftermath of an Arrest

When someone is arrested, they’re typically taken to a local jail for booking. This involves fingerprinting, photographing, and entering details into the system. From there, the focus shifts to securing release through bail or bond while awaiting further court proceedings. The type of charge determines the bond process:

Minor Misdemeanors: These often have preset bonds, meaning you can post bail quickly without seeing a judge. Examples include simple traffic violations or disorderly conduct. Preset bonds allow for faster release, sometimes within hours.

Certain Misdemeanors, Such as Domestic Violence: These require an appearance before a magistrate judge. The judge reviews the case to set special conditions, like no contact with the victim, to ensure safety. This step adds time but is crucial for addressing potential risks.

All Felonies: You must appear before a magistrate judge for a first appearance hearing. The judge will determine if bond is appropriate and set the amount. Some serious felonies may require approval from a superior court judge, which can extend the process.

 

The full list offenses you must go in front of a Superior Court Judge or a Judge sitting as a Superior Court Judge by designation includes:

  • Treason
  • Murder
  • Rape
  • Aggravated sodomy
  • Armed robbery
  • Home invasion in the first degree
  • Aircraft hijacking and hijacking a motor vehicle in the first degree
  • Aggravated child molestation
  • Aggravated sexual battery
  • Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II
  • Violating Code Section 16-13-31 or Code Section 16-13-31.1 (e.g., trafficking in cocaine, illegal drugs, marijuana, or methamphetamine)
  • Kidnapping, arson, aggravated assault, or burglary in any degree, if the person at the time of the alleged offense had previously been convicted of, was on probation or parole for, or was on bail for kidnapping, arson, aggravated assault, burglary in any degree, or one or more of the offenses listed above
  • Arson of a law enforcement vehicle under Code Section 16-7-60.1
  • Aggravated stalking
  • Violating Code Section 16-5-46 (trafficking of persons for labor servitude or sexual servitude)
  • Violations of Chapter 15 of Title 16 (the Georgia Street Gang Terrorism and Prevention Act)

Georgia law mandates that authorities bring an arrested person before a first appearance judge within specific timeframes: 48 hours if arrested without a warrant, or 72 hours with a warrant. This “first appearance” is where bond is often addressed.

How to Check for a Preset Bond

If you’re unsure whether a bond is preset, start by contacting the magistrate criminal court in the county where the arrest occurred. They can provide details on bond status and amounts. Alternatively, you can call the jail directly, as the sheriff’s office bonding division handles release procedures.

To make this easier, we’ve compiled contact information for the magistrate court criminal divisions and sheriff’s office bonding divisions across metro Atlanta counties (Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale). Use these numbers to get the most up-to-date information.

Magistrate Court Criminal Division Phone Numbers

County        Phone Number

Cherokee     678-493-6431

Clayton      770-477-3444

Cobb         770-528-8917

DeKalb       404-294-2150

Douglas      770-920-7540

Fayette      770-716-4230

Forsyth      770-781-2211

Fulton       404-613-5360

Gwinnett     770-619-6720

Henry        770-288-7700

Rockdale     770-278-7800

 

Sheriff’s Office Bonding Division Phone Numbers

County        Phone Number

Cherokee     678-493-4200

Clayton      770-477-4400

Cobb         770-499-4255

DeKalb       404-298-8195

Douglas      770-942-2121

Fayette      770-716-4720

Forsyth      770-781-2222

Fulton       404-612-5131

Gwinnett     770-619-6500

Henry        770-288-7100

Rockdale     770-278-8204

 

Next Steps and Tips

Once bond is posted—via cash, property, or a bondsman—the person is released with conditions to follow, such as attending all court dates. Failing to appear can result in bond forfeiture and additional charges. If the case involves special conditions (e.g., no victim contact), violating them could lead to rearrest.

Remember, every case is unique, and timelines can vary based on the county, charge severity, and jail backlog. If you’re facing difficulties with the bond process, such as denials or high amounts, professional legal help is essential to argue for reasonable terms.

If you’re dealing with an arrest and need assistance navigating the system, don’t hesitate to reach out to our team at W. Scott Smith PC. We’re here to help 24/7—call us at 404-581-0999 or visit www.peachstatelawyer.com for more information.

 

Driving with a Suspended License in Clayton County, Georgia: What You Need to Know

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If you’re caught driving with a suspended license in Clayton County, Georgia, the consequences can be severe. Georgia law treats this offense seriously, and penalties escalate with each subsequent violation.

According to Georgia Code §40-5-121, the penalties for driving with a suspended or revoked license depend on the number or prior convictions within the past five years:

  • First Offense punishment:
    • No less than 2 days in jail
    • A fine of $500 to $1000
    • You could also be placed on probation
  • Second or Third Offense punishment:
    • No less than 10 days in jail
    • A fine of $1000 to $2500
    • You could also be placed on probation
  • Fourth Offense punishment:
    • Considered a felony
    • 1 to 5 years in jail
    • Fines
    • Probation

Driving with a suspended license in Clayton County, Georgia, is a serious offense with significant legal consequences. If you’re facing charges, consult the qualified lawyers at W. Scott Smith, P.C. to understand your options. Call us at 404-581-0999 for a free consultation.

Help! I Failed to Appear in the Municipal Court of Atlanta!

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If you missed court in the Municipal Court of Atlanta, you are likely in FTA status. This means that you failed to appear for your court date, and it is probable that your driver’s license has been suspended. The tricky thing about FTAs is that you likely don’t even know that you missed court until you are pulled over and an officer tells you that your license is suspended.

The first step to lifting the FTA is to visit the clerk’s office and request a new court date. If you hire our office, we can complete this step on your behalf and have you scheduled for a new court date. At the new court date, we will address the underlying traffic charge. This could mean just paying a fine, but it may also require an in-court appearance. An experienced lawyer can help you navigate the process quickly and effectively and get you on the road to reinstating your license.

The lawyers at W. Scott Smith are experienced at helping clients resolve FTAs and guiding clients in the best way to resolve the underlying traffic charge. Call us today at 404-581-0999 for a free consultation on how to move forward, resolve the FTA, and have your driver’s license reinstated.

Disorderly Conduct in Fulton County, Georgia

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Being charged with Disorderly Conduct in Fulton County is serious. It’s a misdemeanor, and a conviction can mean up to one year in jail and a $1,000 fine. It can also affect your job, immigration status, probation, and future legal cases.

Under Georgia law (OCGA 16-11-39), disorderly conduct includes:

  • Acting violently or aggressively toward someone, causing them to fear for their safety or their property
  • Using “fighting words” that are so abusive they could spark immediate violence
  • Using obscene, vulgar, or profane language without provocation toward a child under 14, in person or over the phone

If you’re accused of any of these actions, having a skilled attorney is important. A lawyer may find strong defenses, such as:

  • The State cannot prove every element of the charge.
  • The alleged victim has credibility issues.
  • The evidence against you is weak.

As trial lawyers, we love taking cases to trial when it’s in our clients’ best interests. But trial isn’t the only way to resolve a disorderly conduct case. There are often several strong options that can still lead to great outcomes, including getting the charges dismissed. Many clients qualify for pretrial diversion programs, which can result in a complete dismissal once requirements are met. We also frequently negotiate with prosecutors to reduce charges to something less serious, such as reckless conduct. Our job is to find the path that achieves the best possible result for you.

If you’re facing a disorderly conduct charge in Fulton County, we offer free consultations. Call us at 404-581-0999 to speak with an experienced attorney about your case.

 

Home Invasion in Fulton County

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As a criminal defense attorney practicing in Georgia, one of the most serious and emotionally charged charges I see is home invasion. This crime strikes at the heart of what people value most: their safety and sanctuary. When someone is accused of home invasion, the stakes are high—not just legally, but personally. Below, I’ll unpack what Georgia law says about home invasion, what the prosecution must prove, and how a defense lawyer like me approaches these cases.

Under Georgia law, home invasion is codified in O.C.G.A. § 16-7-5. There are two degrees of home invasion: first degree and second degree.

Here is a breakdown:

  1. First-Degree Home Invasion
    • The defendant must enter someone’s dwelling without authority.
    • At the time of entry, someone else must be authorized to be present (i.e., the house is occupied).
    • The defendant must have the intent to commit a forcible felony.
    • The defendant must be in possession of a deadly weapon or instrument that, if used offensively, is “likely to or actually does result in serious bodily injury.”
    • Penalties: conviction can lead to life imprisonment, plus a fine of up to $100,000.
  2. Second-Degree Home Invasion
    • The requirements are similar: unauthorized entry into an occupied dwelling, plus possession of a deadly weapon.
    • But here, the intent is to commit a forcible misdemeanor, not a felony.
    • Penalties: 5–20 years in prison, and up to a $100,000 fine.
    • Importantly: Georgia law allows for probation in second-degree home invasion cases at the judge’s discretion.

From a defense perspective, each element of the statute is a potential battleground. Here’s why:

  1. “Without Authority”
    • The prosecution must show that the defendant did not have permission to be inside the dwelling. Sometimes, what “without authority” means isn’t crystal clear: were they actually trespassing, or did the occupant implicitly or mistakenly give permission?
    • As your defense counsel, I would scrutinize how the State proves lack of permission: witness testimony, surveillance, forensic evidence, or even inconsistencies in the prosecution’s narrative.
  2. “Intent to Commit a Forcible Offense”
    • This is specific intent: it’s not just about entering; it’s about entering with a criminal purpose.
    • A big challenge for the State: they usually don’t have a direct confession of “I came here to commit X crime.” Instead, they rely on circumstantial evidence (like possession of tools, the way someone entered, statements, prior criminal history, etc.).
    • As a defense attorney, I look for ways to undermine that inference: maybe the tools were innocently carried, maybe the “weapon” wasn’t really capable of serious bodily injury, or maybe the client had a non-criminal reason for being there.
  3. “Possession of a Deadly Weapon or Instrument”
    • The statute requires that at the time of entry the person is in possession of a weapon or instrument likely to cause serious bodily harm.
    • Defense sometimes challenges whether what the State calls a “deadly weapon” really qualifies under the law, or whether the timing of “possession” aligns with the entry.
  4. Proof of Occupancy
    • The dwelling must have someone authorized “with authority to be present” inside.
    • The State must establish not just that a building was a dwelling, but that it was occupied at the time. That can be contested—especially if the resident’s testimony or forensic evidence (fingerprints, footprints) is murky.

As you can see, there are viable defenses to a home invasion charge- you just need a zealous advocate to explore them. If you are charged with home invasion in Fulton County, call our office at 404-581-0999 for a free consultation.