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Tucker, Georgia is home to the City of Tucker Municipal Court where the city prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the Tucker Police Department. Tucker Municipal Court is located at 1975 Lakeside Parkway, Tucker, GA 30084.

One of the most common cases we see in Tucker are DUIs (O.C.G.A. § 40-6-391). In Georgia, DUI can be charged in either two ways. Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. (It is a .02 legal limit for DUI cases involving drivers under 21).

The second way a DUI can be charged is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were aless safe driver. We see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.

There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).

In all first DUI cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary, and a Victim Impact Panel. The maximum sentence is 12 months in jail. On a second, or third DUI in 10 years, the jail time is increased, as well as the fines and the community service.

Remember that DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a DUI conviction will remain on your history forever.

A DUI charge also has intense license repercussions.  If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases. Depending on what else the individual is charged with, and how many prior DUIs he or she has, it is possible a DUI conviction could lead to a 5-year habitual violator suspension. There are ways to avoid the license suspensions associated with DUIs but there are only 30 days to file the appeal or to elect for an ignition interlock permit.

The options in City of Tucker Municipal Court are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the DeKalb County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in Tucker and DeKalb County regularly, we have the skill and knowledge to accomplish your goals. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in Tucker or DeKalb County, call us now for a FREE CONSULTATION at 404-581-0999.

In Douglas County, driving under the influence (DUI) of marijuana is illegal and is treated similarly to a DUI involving alcohol. Marijuana DUI laws are outlined in O.C.G.A. § 40-6-391, which makes it unlawful to drive or be in actual physical control of a vehicle while under the influence of any drug, including marijuana, that impairs one’s ability to drive safely.

Unlike alcohol, where a specific blood alcohol concentration (BAC) limit is set, marijuana impairment is evaluated based on the ability to drive safely. If a law enforcement officer suspects impairment, they may arrest the driver.

1. Standard Field Sobriety Evaluations (SFSEs):

In the event of a marijuana-related DUI investigation, law enforcement officers may administer field sobriety tests to determine if a driver is impaired. However, SFSEs (such as the Walk-and-Turn or One-Leg Stand tests) are primarily designed to assess impairment from alcohol or other substances that affect motor coordination and balance. These tests are less reliable for marijuana impairment because marijuana’s effects can vary widely depending on the individual and are different than the effects of alcohol.

2. Drug Testing:

A key aspect of marijuana DUI cases in Georgia is drug testing, which typically involves a blood test to detect THC, the psychoactive component of marijuana. An officer can collect your blood if you 1) agree to a blood draw or 2) a search warrant for your blood is issued. THC can remain in the bloodstream for days, weeks, or even  months after marijuana use, long after any impairment. This creates a challenge for prosecution- just because you test “positive” for THC does not mean you are impaired at the time of the drug test or blood draw, nor does it mean you were impaired while driving. However, the presence of THC in the blood can be used as evidence of marijuana use, but it does not definitively prove impairment at the time of driving.

3. Possible Defenses in a Marijuana DUI Case:

No Impairment at Time of Driving: The most straightforward defense is arguing that the driver was not impaired while driving, even if marijuana was detected in their system. If the defendant was not showing signs of impairment (e.g., not swerving, not exhibiting erratic driving behavior), this could be a strong defense.

Challenge to Field Sobriety Test Results: As mentioned, FSEs are not be a reliable indicator of marijuana impairment. Standard field sobriety evaluations were designed for alcohol impairment. To date, there are no scientifically backed evaluations to detect marijuana impairment.

While the laws surrounding marijuana DUI in Georgia are the same throughout the state, Douglas County is more likely to see DUI cases involving marijuana due to its larger population and the prevalence of law enforcement agencies in the area, especially with Atlanta Police Department. DUI cases in Douglas County are generally handled by whatever municipality you are initially arrested in (Douglasville, etc) as well as the State Court of Douglas County. If you are arrested for marijuana DUI in Douglas County, it is critical to hire a skilled DUI defense attorney who is familiar with local court procedures and the nuances of marijuana-related DUI cases.

The jury system has long been a cornerstone of the American justice system, ensuring that a person’s fate is decided by a group of impartial peers. In criminal cases, the jury process serves as a safeguard against unjust government action and ensures fairness in trials. This blog post explores the jury process in Georgia, the role of jurors, and the concept of jury nullification.

The Jury Process in Georgia

In Georgia, as in other states, felony-level criminal trials typically proceed with a jury of twelve members who are tasked with determining the guilt or innocence of the defendant. The process begins with jury selection, or “voir dire,” where potential jurors are questioned by the judge and the attorneys. The goal is to select a fair and impartial jury that has no biases or prejudices regarding the case. During voir dire, lawyers will ask questions about jurors’ backgrounds, personal experiences, and attitudes toward certain issues to uncover any potential bias.

Once the jury is selected, the trial begins. The prosecution and defense present their cases, with both sides having the opportunity to introduce evidence, call witnesses, and cross-examine the opposition. The jurors’ duty is to listen to and examine all of the facts of the case. After the closing arguments, the jury is given instructions by the judge on how to apply the law to the facts of the case as each jury member found them to be.

After deliberating, the jury must reach a unanimous decision in order to return a verdict, of either guilty or not guilty. If the jury reaches a verdict, it will be announced in open court. In the case of a conviction (finding of guilt), the judge will then impose a sentence. If the jury finds the defendant not guilty, the defendant is acquitted. If the jury cannot reach a unanimous verdict, a mistrial is declared as the result of a “hung jury.”

The Role of the Juror

Jurors play a vital role in the criminal justice system. They are tasked with determining whether the prosecution has met its burden of proof in a criminal case. The prosecution must prove the defendant’s guilt beyond a reasonable doubt, which is the highest standard of proof in the legal system. The role of the juror is not to decide whether the defendant is morally innocent or guilty but to apply the law to the facts and evidence presented during the trial.

Jurors must listen carefully to all the evidence presented during the trial, including testimony from witnesses and physical evidence. They are also responsible for understanding and applying the law as explained by the judge. Importantly, jurors must keep an open mind during deliberations, carefully considering the viewpoints of fellow jurors and engaging in thoughtful discussion, though a juror should never give up an honest opinion to be congenial.

Jurors are prohibited from discussing the case with anyone outside of the jury room, including family members or friends. Jurors are also prohibited from doing any outside investigation, including but not limited to visiting the crime scene or searching Facebook or Google for additional facts or explanations of the law. This ensures that the decision reached in deliberations is not influenced by outside factors and that the integrity of the trial is maintained.

Jury Nullification

While jurors have the important task of applying the law in criminal cases, they also possess a controversial power known as jury nullification. Jury nullification occurs when a jury acquits a defendant despite evidence of guilt because the jurors believe that applying the law would result in an unjust outcome. Essentially, it is when jurors choose to override an existing law as written in favor of their own sense of justice or moral judgment.

Jury nullification is not explicitly recognized or encouraged by judges, and it is not formally part of jury instructions in most cases. However, the power remains inherent in the jury system. Jurors have the ability to return a verdict of not guilty, even if the prosecution has proven its case beyond a reasonable doubt. This power can be exercised in cases where jurors feel that a law is unjust or that convicting the defendant would be morally wrong, even though the defendant may have technically broken the law.

Jury nullification has played a significant role in historical legal decisions. It has been used to challenge laws that jurors felt were oppressive or unjust, such as during the Prohibition era, when juries frequently acquitted defendants charged with alcohol-related offenses.

In Georgia, as in other states, jury nullification remains a complex issue. While jurors are not typically instructed about this power, some advocates argue that jurors should be informed about their right to nullify a law if they believe it to be unjust. Others maintain that the jury’s role should strictly be to apply the law as instructed by the judge, without engaging in personal moral judgments.

Conclusion

The jury process is a fundamental part of the criminal justice system. Jurors have the responsibility to impartially apply the law and render a fair verdict based on the facts of the case. However, their power extends beyond simply applying the law; they also possess the ability to engage in jury nullification, where they can choose to acquit a defendant even when the law has been violated. This power can be both a tool for justice and a challenge to the legal system, highlighting the complexities of the jury’s role in the administration of justice.

A criminal defendant pled guilty to one count of stalking and NOLO to one count of aggressive driving and one count of improper passing, as a result of a road rage incident in Henry County. As alleged by the State at the sentencing hearing, the defendant, an acquaintance of the victim, was waiting in the parking lot when she got off work. When she began to drive home, the defendant followed her, until he passed her in a no-passing zone, sped in front of her, and then slammed on brakes causing her to rear-end him. The defendant fled the scene of the accident.

After the defendant entered his guilty plea, the State scheduled a restitution hearing. Restitution hearings are required when the victim of a crime claims monetary loss as a direct result of the crime. The goal of restitution is to make the victim whole. This is the amount of money that would likely be awarded to them through a civil lawsuit for the same damage. Restitution, in a criminal matter, is enforceable through the criminal sentence as a condition of probation. A violation of probation, including failing to pay, could result in incarceration. Proof of monetary damages from criminal action must be provided by the State by a preponderance of the evidence. OCGA § 17-14-7 (b). The amount of restitution should never exceed the amount of actual damages.

In cases where a vehicle is damaged, there must be evidence of the vehicles fair market value prior to the collision or resulting damage. The estimated or actual repair cost is insufficient. The State is required to show that the repair cost does not exceed the fair market value of the vehicle prior to the damage. In a situation where a vehicle with a $5,000 fair market value is struck and requires $10,000 of repair costs, a criminal defendant would only be responsible for reimbursing the fair market value of $5,000. The maximum amount of restitution recoverable in a criminal case is that which would be recoverable in a civil action.

At a restitution hearing, the State must provide evidence of the damage by a preponderance of the evidence. Testimony of the victim alone is rarely sufficient. An expert with knowledge and experience as to the fair market value of the item is required. A victim may not testify as to what anyone else has told them, including the fair market value or estimated or actual repair cost. All of that information would be hearsay, unless calculated by a victim with expertise and experience to do so.

In the case in Henry County, the State only called the victim to testify as to the estimate she received for repair costs. The criminal defense attorney did not object to the hearsay, so it was not an issue on review by the Court of Appeals. However, the State failed to provide any evidence of the fair market value of the vehicle prior to the damage. Even without that information, the judge ordered for the defendant to pay the full estimate of the repair costs provided by the victim. On appeal, the Court of Appeals found this to be in error and, in December of 2024, sent the case back to Henry County with instructions that the judge must assess the fair market value of the vehicle prior to the damage, to ensure that the repair costs as ordered do not exceed the value of the vehicle before the damage occurred.

The entire opinion can be read with the following citation: A24A1851. TRUSS v. THE STATE.